Legal Terminology 1 (copy)

Answer

The defendant’s pleading which responds to the plaintiff’s petition or complaint.

Bill of sale

An instrument evidencing a transfer of personal property.

Caption

The heading on a pleading, containing name of court, county, parties, and the title of the document.

Common law

Law evolving from ancient custom, from judicial decision and casual statutes, as contrasted with a concerted plan of statutory enactments.

Counterclaim

The claim that a defendant may make against a plaintiff in the plaintiff’s action against him.

Default

Usually in pleading, a failure to take a required step within a specified time; can result in a default judgment against the one who failed to act.

Deposition

Taking testimony outside the courtroom before a court reporter with the other side present for purposes of cross examination. The testimony is given under oath and reduced to writing.

Eminent domain

The power to take private property for public use through condemnation proceedings and compensation.

Hypothetical question

A question asking an expert witness to assume proven facts and eliciting witness' opinion based on those facts.

Liable

Responsible; chargeable with.

Plaintiff

The person or company or corporation or any legal entity named in caption of lawsuit as bringing the action.

Pleading

An instrument used to frame the issues in a lawsuit.

Preponderance

Greater weight, said of evidence.

Reply

The pleading that responds to an answer.

Stipulation

The agreement of counsel as to existence of certain facts or circumstances.