Vocab quiz C

Civil Procedure

the complex and often confusing body of rules and regulations set out in both state and federal laws which establish the format under which civil lawsuits are filed, pursued and tried.

Pleading

1) every legal document filed in a lawsuit, petition, motion, and/or hearing, including complaint, petition, answer, demurrer, motion, declaration, and memorandum of points and authorities. 2) the act of preparing and presenting legal documents and arguments.

Plaintiff

the party who initiates a lawsuit by filling a complaint with the clerk of the court against the defendant(s) demanding damages, performance and /or court determination of rights

Defendant

The party sued in a civil lawsuit or the party charged with a crime in a criminal prosecution, may also be called a respondent

Appellant

the party who appeals a trail court decision they have lost

Docket

1) the cases on a court calendar. 2) to write down the name of a case to be put on calendaror make notes on action in court

Appellee

in some jurisdictions the name used for the party who has won at the trail court level, but the loser (appellant) has appealed the decision to a higher court. Thus they have to file a response to the legal brief filed by the appellant, they are also called the respondent

Amicus Curiae

latin for “friend of the court”, a party or an organization interested in an issue which files a brief or participates in the argument in a case which that party or organization is not one of the litigants

Holding (in a case)

any ruling or decision of a court

Quid Pro Quo

latin for “something for something” to identify what each party to an agreement expects from the other, sometimes called mutual consideration

Prima facie case

a plaintiff’s lawsuit or a criminal charge, which appears at first blush to be “open and shut”

Vicarious liability

somtimes called “imputed liability” attachment of responsibility to a person for harm or damages caused by another person in either a negligence lawsuit or criminal prosecution. Thus, an employer of an employee who injures someone through negligence while in the scope of employment is vicariously liable for damages to the injured person

Remedy

to send back. An appeals court may remand a case to the trail court for further action if it reverses

Ad litem

legal latin meaning “for the purposes of the legal action only” Most often the term applies to a parent who files a lawsuit for their minor child or for a person who is incompetent.

Habeus corpus

latin “you have the body” it is a writ(court order) which directions the law enforcement officials who have custody of a prisoner to appear in the court with the prisoner to help the judge determine whether the prisoner is lawfully in prison or jail.

Preponderance of evidence

the greater weight of the evidence required in a civil lawsuit for the trier of fact to decide in favor of one side or the other. based on the more convincing evidence and its probable truth or accuracy, and not on the amount of evidence.

Mistrail

the termination of a trail before its normal conclusion because of a procedural error, statements by witnesses, judge or attorerny which prejudice a jury, a deadlock by a jury without reaching a verdict after lengthy deliberation, or the failure to complete a trail within the time set by the court.

Due process of law (due process clause)

a fundamental principle of fairness in all legal matters, both civil and criminal, especially in the courts. All legal procedures set by statue and court practice, including notice of rights, must be followed for each individual so that no prejudicial or unequal treatment will result.