chapter 4 business law

plaintiff

a person who brings a case against another in a court of law.

defendant

the party involved in a lawsuit that is sued; the party required to respond to the plaintiff's complaint.

counterclaim

any claim filed by the defendant in a lawsuit against the plaintiff in the same suit.

counter plaintiff

The party involved in litigation who files a counterclaim. This party is the original defendant who is making a claim against the original plaintiff.

counter defendant

The party involved in litigation against whom a counterclaim is filed. This party is the original plaintiff.

Third-Party Defendant

parties brought in by the defendant to complete the determination of a controversy

Standing to sue

The requirement that a plaintiff must satisfy by demonstrating a personal interest in the outcome of litigation or an administrative hearing.

Personal Jurisdiction

The power of a court over the parties involved in the litigation process.

summons

an official notice to a person that a lawsuit has been commenced against him or her and that he or she must appear in court to answer the charges.

Extradition

The process that one state uses to have another state transfer to the jurisdiction of the first state a person accused of criminal activities.

Long-arm statute

A state statute that gives extraterritorial effect to process (summon) in specified cases. It allows state courts to obtain jurisdiction in civil actions over defendants who are beyond the border of the state provided the defendants have minimum contact with the state sufficient to satisfy due process.

tort

a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability.

class action suit

A method of litigation that allows one or more plaintiffs to file a lawsuit on behalf of a much larger group of persons, all of whom have a common interest in the claims being litigated.

pleadings

The system for defining and narrowing the issues by parties who file formal documents stating their respective positions in a lawsuit.

complaint

In legal practice, the first written statement of the plaintiff's position and allegations, which initiates the lawsuit.

answer

the responsive pleading filed by a defendant

default

The failure of a defendant to answer a plaintiff's complaint within the time period allowed by the court. Upon the defendant's default, a judgment is entered in the plaintiff's favor.

discovery

Procedures by which one party to a lawsuit may obtain information relevant to the case from the other party or from third persons.

Interrogatory

A written question submitted by one party to another in a lawsuit; a type of discovery procedure.

Request for production of documents

A method of discovery whereby one party asks the other to provide documents for the requesting party's review.

Deposition

A discovery process outside the court's supervision that involves the sworn questioning of a potential witness. This oral questioning is reduced to a written form so that a record is established.

Request for an admission

A method of discovery used to narrow the issues to be litigated by having a party request that the other party admit the facts that are not in dispute

motion

The process by which the parties make written or oral requests that the judge issue an order or ruling.

statute of limitations

A statute that sets a date after which a lawsuit may not be brought. The statute begins running after the happening of a certain event, such as the occurrence of an injury or the breach of a contract.

Judgment on the pleadings

A principle of litigation, in the form of a motion, whereby one party tests the validity of the allegations contained in the complaint and answer. Upon this motion, a judge might determine that the pleadings contain no issues of fact or law and thus grant a judgment prior to a trial.

Summary judgment

A judicial determination that no genuine factual dispute exists and that one party to the lawsuit is entitled to judgment as a matter of law.

Affidavit

A sworn written statement made before an officer authorized by law to administer oaths

Voir dire

The preliminary examination of prospective jurors for the purpose of ascertaining bias or interest in the lawsuit.

Peremptory challenge

The power granted each party to reject a limited number of potential jurors during voir dire examination. No reason for the rejection need be given.

Directed verdict

the judge direct the jury to bring in a particular verdict if reasonable minds could not differ on the correct outcome of the lawsuit. In deciding the motion, the judge will view in the light most favorable to the nonmoving party, and if different inferences may be drawn by reasonable people, then the court cannot direct a verdict. In essence, a directed verdict removes the jury's discretion.

Burden of proof

It may describe the party at a trial with the burden of coming forward with evidence to establish a fact. The term also describes the party with the burden of persuasion. This party must convince the judge or jury of the disputed facts in issue or else lose that issue. There are various degrees of proof. See also Beyond a reasonable doubt, Preponderance of evidence, and Clear and convincing proof.

Beyond a reasonable doubt

The burden of proof required in a criminal case. The prosecution in a criminal case has the burden of proving the defendant is guilty, and the jury must have no reasonable doubt about the defendant's guilt. See also Burden of proof.

Preponderance of evidence

In the judgment of the jurors, evidence that has greater weight and overcomes the opposing evidence and presumptions.

Clear and convincing proof

A burden of proof that requires the party with the burden to establish clearly the existence of the alleged facts. This burden requires more proof than merely having a preponderance of evidence on one's side

Verdict

Findings of fact by the jury.

Judgement

official adjudication of a court of law

Judgment notwithstanding the verdict

The decision of a court that sets aside the verdict of a jury and reaches the opposite result.

appellant

The party seeking review of a lower court decision.

appellee

The party responding to an appeal; the winner in the trial court.

Petitioner

The party filing either a case in equity or a petition for a writ of certiorari before a supreme court.

Respondent

The party answering a petition for a writ of certiorari in the Supreme Court.

Brief

A written document produced by a party for a reviewing court that contains the facts, propositions of law, and argument of a party. It is in this document that the party argues the desired application of the law and any contentions as to the rulings of the lower court.

oral argument

Attorneys appear in person before the appellate court to explain orally to the court their position in the case and answer the court's questions about the case.

Execution

To carry out some action to completion. With respect to enforcing a court's judgment, involves the seizure of the debtor's property, a sale of the property, and the payment of proceeds to the creditor.

Garnishment

A legal proceeding whereby a creditor may collect directly from a third party who is obligated to the debtor.

Res judicata

The doctrine that deems a former adjudication conclusive and prevents a retrial of matters decided in the earlier lawsuit.