Law Tech Writing Vocabulary C Quiz

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

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

Plaintiff

the party who initiates a lawsuit by filing 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.

Appellant

the party who appeals a trial court decision he/she/it has lost

Docket

the cases on a court calendar

Appellee

the party who has won at the trial court level

Amicus Curiae

party or an organization interested in an issue which files a brief or participates in the argument in a case in 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

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

attachment of responsibility to a person for harm or damages caused by another person in either a negligence lawsuit or criminal prosecution

Remedy

the means to achieve justice in any matter in which legal rights are involved.

Ad litem

a parent who files a lawsuit for his or her minor child as "guardian at litem" (guardian just for the purposes of the lawsuit) or for a person who is incompetent.

Habeus corpus

a writ requiring a person under arrest to be brought before a judge or into court to determine the legality of their detention

Preponderance of evidence

the greater weight of the evidence required in a civil (non-criminal) lawsuit for the trier of fact to decide in favor of one side or the other.

Mistrial

the termination of a trial before its normal conclusion because of a procedural error, statements by a witness, judge or attorney which prejudice a jury, a deadlock by a jury without reaching a verdict after lengthy deliberation or the failure to complete a trial 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