Legal Terminology 2 (copy)

Defendant

One against whom the action is brought.

Costs

The expenses of a trial or proceeding which may be charged to one or both of the parties. Usually does not include the attorney's fees.

Annotations

The case summaries which follow and construe the statutes printed in the commercially produced statute books. They are not official.

Direct evidence

That offered by eyewitnesses as contrasted to circumstantial evidence from which conclusions are drawn.

Hung jury

One which cannot agree on a verdict.

Hostile witness

Witness who manifests so much hostility or prejudice under examination in chief that the party who has called witness is allowed to cross-examine him/her; i.e., to treat witness as though he/ she had been called by the opposite party.

Dismissal with prejudice

Dismissal without trial which bars the assertion of the same cause of action or claim against the same party.

Dismissal without prejudice

Dismissal without trial which permits party to bring another civil action for the same cause unless civil action is otherwise barred.

Injunction

A court order prohibiting some action.

Lis pendens

A pending lawsuit.

Punitive damages

Monetary compensation awarded to plaintiff in a lawsuit in excess of what compensates for property loss, awarded to redress for mental anguish suffered from defendant's misconduct or to punish defendant for wrong and evil actions.

Summary judgment

Decision given by court without delay or formality of full proceedings.

Weight of evidence

A phrase which indicates the relative value of the totality of evidence presented on one side of a judicial dispute, in light of the evidence presented on the other side.

Work product

That work done by an attorney in the process of representing the client which is ordinarily not subject to discovery.

Usury

Charging more than the legal rate of interest.