PLA2003 Final Exam terms

affidavit

sworn statements that attest to the existence of facts

affirmative defense

answers as to why they are not responsible for the plaintiff’s damages even if the allegations are true

answer

defendant’s response to the complaint

allegation

assertion made by one party that explains what they are trying to prove in court

discovery

process of getting information about the opposing party from witnesses and other sources to prepare for trial

docket

official schedule of court proceedings going before the court

impeach

calling into question the credibility of a witness

pleadings

informs each party of the claims made and specifies issue in a case

prayer for relief

statement made at the end of a complaint asking the judge to rule in favor of the plaintiff

privileged information

information that falls under attorney-client privilege that would be kept confidential unless a court order is issued

subpoena

a court order directing a person to appear at a deposition or testify in trial

summons

documentation served to the defendant explaining the lawsuit, where to appear, and how long they have to respond to the suit

default judgement

when the defendant does not respond to the claim and are therefore responsible for all the plaintiff’s damages they are claiming

complaint

a legal document filed by the plaintiff outlining the claims against the defendant and requesting relief from the court.

motion for summary judgement

a request from an attorney to grant judgement in their party’s favor since there is no disagreement of the facts and the law supports their case.

interrogatories

written questions that must be answered by both parties and signed under oath

chain of custody

the movement and location of evidence from the time it is received to the time it is presented in court

voir dire

process of jury selection

expert witness

a witness with professional experience or training who provides testimony in regards to certain element of the case

hearsay

testimony given about information they did not witness firsthand, but based on what someone else said. He said/she said, usually not admissible as evidence

direct evidence

evidence directly establishing the existence of a fact

circumstantial evidence

indirect evidence offered to establish, by inference, the likelihood of the fact in question

lay witness

an ordinary witness who can attest to facts of the case

rules of evidence

rules governing the admission of evidence into the courts

relevant evidence

evidence tending to prove or disprove the fact in question, only relevant evidence is admissible in court

affirm

upholding a judgement made in a lower court

appellant

the person who makes the appeal from one court to another, also called a petitioner

judgement creditor

a creditor who is entitled by judgement of the court to collect damages owed by the debtor

preemptory challenge

a voir dire challenge to exclude a potential juror without any supporting reason or cause

motion in limine

a motion requesting certain evidence not be brought to trial, such as prejudicial, irrelevant, or legally inadmissible evidence

challenge for cause

a challenge to exclude a potential juror for a specified reason

remand

A judgement to send a case back to the lower courts for further proceedings

chronologically

organizing information in time sequence

confirmation letter

a letter summarizing an oral conversation to have a written record of what was discussed

demand letter

a letter to an opposing party explaining its legal position in a dispute and requests the recipient to take some kind of action

opinion (advisory) letter

a letter from attorney to client containing a legal opinion based on a question or claim

dicta

a latin term referring to nonbinding judicial statements that are not directly related to the facts of the case

case on point

a case that are similar in circumstances and facts to a case one is researching

headnote

a paragraph at the beginning of a reported case summarizing the facts of the case

persuasive authority

a source of law that a court may look to for guidance to make a judgement, but does not need to make a decision

Shepard’s

An online citator on LexisNexis that provides a list of all the authorities citing a particular case, statute, or other legal authority.

Keycite

An online citator on LexisNexis that provides a list of all the authorities citing a particular case, statute, or other legal authority.

Lexis

fee-based online comprehensive source for online research

Westlaw

fee based online comprehensive source for legal research

deposition transcript

official transcript of a deposition

paralegal responsibilities in litigation

Carefully researching relevant law. Gathering and documenting evidence. Creating and organizing the litigation file. Meeting procedural requirements and deadlines for filing documents with the court. Preparing witnesses. Preparing trial exhibits. Making arrangements to have any necessary equipment