Unit 3 Litigation

Plaintiff

The party that starts a lawsuit.

Prosecution

The government’s side in a criminal case.

Defendant

Responding party to a civil or criminal action.

Pro se

Latin for 'on one’s own behalf,' a litigant representing herself without an attorney.

Grand Jury

A body of citizens examining whether someone accused of a crime should be formally charged.

Petit jury

A body of citizens determining guilt or innocence in a criminal trial or liability in a civil trial.

Attorney-client privilege

A doctrine that requires all communications between client and attorney to be kept secret by the attorney from any disclosure to any person.

Complaint

The initial document that starts the lawsuit by setting forth the plaintiff’s claims.

Answer

The defendant’s written response, in a civil suit, to the plaintiff’s complaint.

Affirmative defense

A defense that does not deny the defendant’s actions but provides a reason or justification, such as self-defense.

Counterclaim

A claim by a defendant against the plaintiff.

Standing

The Constitutional requirement for the right plaintiff to bring a claim at the right time in litigation.

Verdict

A jury’s decision.

Judgment

A formal determination of a matter by a court.

Ripe

A claim ready for litigation.

Personal jurisdiction

A court’s jurisdiction over parties in litigation.

Damages

Loss suffered by the plaintiff, typically expressed in terms of money.

Affidavit

A sworn statement in writing made under oath.

Discovery

The method used in civil and criminal cases to obtain information about each party’s case.

Interrogatory

Written questions posed by a party to another party during discovery.

Request for production of documents

An eDiscovery process used to gain access to documents, electronic data, and physical items held by an opposing party in a legal matter.

Request for admission

A set of statements posed by one party to another for purposes of having the other party admit or deny the statements, to narrow the scope of facts to be tried.

Deposition

A statement by a party or witness made under oath.

Opening statement

The statement by attorneys to the jury at the beginning of the trial, laying out the essential facts of the case.

Direct-examination

Examination through questioning of a witness by the side that called the witness.

Cross-examination

Examination through questioning of a witness called by the opposing side.

Closing arguments

Summation of the case presented by attorneys after presentation of evidence.

Moot

Abstract and theoretical. In standing cases, a case is moot if granting the remedy asked would not help the plaintiff.