BLS 342 Ch 5-6

Affidavit

A written voluntary statement of fact, confirmed by the oath or affirmation of the party making it and made before a person having the authority to administer the oath or affirmation.

Affirmative defence

A response to a plaintiff’s claim that attacks the plaintiff’s legal right to bring the action, without denying the plaintiff’s facts.

Answer

A defendant’s response to the plaintiff’s complaint.

Brief

A formal legal document submitted to an appellate court when a case is appealed, outlining the facts and issues of the case.

Closing argument

An argument made at a trial after the plaintiff and defendant have rested their cases, prior to the jury charges.

Complaint

A pleading made by a plaintiff alleging wrongdoing on the part of the defendant, initiating a lawsuit.

Counterclaim

A claim made by a defendant in a civil lawsuit that, in effect, sues the plaintiff.

Cross-examination

The questioning of an opposing witness during a trial.

Default judgement

A judgement entered by a court against a defendant who has failed to appear in court.

Deposition

The testimony of a party to a lawsuit or of a witness taken under oath before a trial.

Direct examination

The examination of a witness by the attorney who calls the witness to stand at trial.

Discovery

A phase in the litigation process during which opposing parties obtain information before trial.

E-evidence

Evidence that consists of computer-generated or electronically recorded information.

Federal Rules of Civil Procedure (FRCP)

The rules controlling procedural matters in civil trials in federal district courts.

Hearsay

An oral or written statement made out of court later offered in court to prove the truth of the matter asserted.

Impeach

To challenge the credibility of a person’s testimony or discredit a party or witness.

Interrogatories

A series of written questions prepared for written answers signed under oath by a party to a lawsuit.

Metadata

Data automatically recorded by electronic devices, providing information about file creation and access.

Motion

A procedural request or application presented by an attorney to the court on behalf of a client.

Motion for a directed verdict

A party’s request for judgment in their favor before a case is submitted to a jury.

Motion for a judgement as a matter of law

A request that the judge enter a judgement in favor before a case is presented to a jury.

Motion for a new trial

A motion claiming that the original trial was fundamentally flawed.

Motion for judgement

A motion requesting the court to grant judgement in favor based on an unreasonable jury verdict.

Motion for judgement on the pleadings

A motion requesting the court to decide the issue based solely on the pleadings without proceeding to trial.

Motion for summary judgement

A motion requesting the court to enter judgement without proceeding to trial, granted if no facts are disputed.

Motion to dismiss

A pleading in which a defendant asserts that the plaintiff’s claim fails to state a cause of action.

Opening statements

A statement made to the jury at the beginning of a trial outlining the evidence and legal theory.

Pleadings

Formal statements made by plaintiff and defendant detailing facts, allegations, and defenses.

Pretrial motions

A written or oral application to a court for a ruling made before trial.

Rebuttal

The refutation of evidence introduced by an opposing party’s attorney.

Rejoinder

The defendant’s answer to the plaintiff’s rebuttal.

Relevant evidence

Evidence that makes a fact at issue more or less probable.

Rules of evidence

Rules governing admissible evidence in trial courts.

Service of process

Delivery of the complaint and summons to a defendant.

Summons

A document informing a defendant of a legal action commenced against them.

Verdict

A formal decision made by a jury.

Voir dire

The jury selection process where attorneys determine biases.

Writ of execution

A court’s order directing the seizure and sale of a debtor’s nonexempt property.

Actionable

Capable of serving as the basis of a lawsuit.

Actual malice

Knowledge of falsity or reckless disregard for the truth in a defamation suit.

Assault

Any word or action intended to make another fearful of immediate physical harm.

Assumption of risk

A defense against negligence when the plaintiff was aware of the danger.

Battery

The unprivileged, intentional touching of another.

Causation in fact

An act or omission without which an event would not have occurred.

Comparative negligence

A theory where liability for injuries is shared based on each party’s negligence.

Compensatory damages

A monetary award equivalent to the actual value of injuries sustained.

Contributory negligence

A theory where a party’s own negligence contributes to their injuries.

Conversion

Wrongful taking or retention of personal property belonging to another.

Disparagement of property

Economically injurious false statements made about another’s product or property.

Duty of care

The duty to exercise reasonable care in dealings with others.

Intentional tort

A wrongful act knowingly committed.

Libel

Defamation in writing or in a permanent form.

Licensee

One who has a license to use or enter onto another’s property.

Malpractice

Professional misconduct or failure to exercise requisite skill as a professional.

Negligence

Failure to exercise the standard of care expected in similar circumstances.

Privilege

Ability to act contrary to another's rights without legal redress.

Proximate cause

Legal cause; connection strong enough to justify imposing liability.

Puffery

Salesperson's exaggerated claims that are not legally binding.

Punitive damages

Monetary damages awarded to punish the defendant and deter similar conduct.

Reasonable person standard

The standard of behavior expected of a hypothetical reasonable person.

Slander

Defamation in oral form.

Slander of quality

Publication of false information about another's product.

Slander of title

Publication casting doubt on another's legal ownership of property.

Special damages

Compensation for quantifiable monetary losses.

Superseding cause

An intervening event that breaks the connection between a wrongful act and an injury.

Tort

A civil wrong not arising from a breach of contract.

Trade libel

Publication of false information about another's product.

Transferred intent

Liability of a person who harms a different individual than intended.