NCCC 21 Ch 3 - Civil Trial Procedure

Claim

A right to payment.

Writ

A written order of a court, returnable to the same, commanding the performance or nonperformance of an act.

Agent

A person authorized to act on behalf of another and subject to the other’s control. Also called surrogate.

Restitution

Restoration made to an injured person to his or her original position prior to a loss.

Trial list

The calendar of cases that are ready for trial. Also called trial docket.

Justiciable

Appropriate for court assessment.

Constructive service

A type of service in which the summons and complaint are left at the defendant’s last and usual place of abode.

Attachment

The act of taking or seizing property by the use of a writ, summons, or other judicial order and bringing it into the custody of the court so that it may be applied toward the defendant’s debt if the plaintiff wins the case.

Libel

Defamation communicated by a writing, drawing, photograph, television program, or other means that can be considered “published.” Also the initial pleading in a divorce action.

Statute of limitations

A time limit, set by statute, within which suit must be commenced after the cause of action accrues.

Lis pendens

Pending suit.

Pro se

A plaintiff representing himself in litigation without an attorney’s help.

Allegation

A statement or claim that the party making it expects to prove.

Aver

To make an allegation; to assert positively.

Averments

Claims that the party making them expects to prove.

Garnishment

A procedure for attaching a defendant's property that is in the hands of a third person.

Battery

Intentional contact with another person without that person’s permission and without justification; the unlawful application of force to another person.

Goods

Things that are movable.

Ripeness doctrine

A principle under which the court will not hear a case unless there is an actual, present controversy for the court to decide.

Docket number

A number assigned to each case by the clerk of the court.

Doe defendants

The device used to refer to defendants whose names are unknown.

Standing to sue

The condition that exists when a party has a tangible, legally protected interest at stake in a lawsuit.

Encumbrance

A claim that one has against the property of another. A lien, charge, or liability attached to and binding on real property.

Performance

The discharging of a contract by doing that which one agreed to do under the terms of the contract.

Allege

To make an allegation; to assert positively.

Clause

A distinct part of a contract or a constitutional section.

Preponderance of evidence

Evidence having the greater weight.

Trustee

A person who holds legal title to property in trust for another.

Consideration

An exchange of promises or benefits and detriments or obligations by the parties to an agreement.

Malicious prosecution

Prosecution begun in malice without probable cause.

Writ of execution

A written order to the sheriff commanding the sheriff to enforce a judgment of the court.

Corporation

A legal entity created under state law with the power to conduct its affairs as though it were a natural person. A corporation has a legal existence that is separate from the life of its owners.

Costs

Expenses associated with a legal matter, such as filing fees.

Trial docket

The calendar of cases that are ready for trial. Also called trial list.

Substituted service

A type of service in which the summons and complaint are delivered to the defendant’s agent, mailed, or published in a newspaper.

Trustee process

A procedure for attaching the defendant's property that is in the hands of a third person.

Personal service

The personal delivery of a copy of the summons and complaint to the defendant.

Gravamen

The essential basis or gist of a complaint filed in a lawsuit.

Lien

A claim or charge on property for the payment of a debt.

Legal issues

Questions of law to be decided by the court in a lawsuit.

Ad damnum

The clause in the complaint stating the damages claimed by the plaintiff.

Garnishee

A third party who holds money or property of a debtor that is subject to a garnishment action.

Questions of law

Questions relating to the application or interpretation of law

Cause of action

The grounds on which a suit is maintained.

Declaration

At common law, a formal document containing a short and plain statement of the claim, indicating that the plaintiff is entitled to relief and containing a demand for the relief sought.

Trespass

The intentional and unauthorized entry by a person onto the land of another.

Assault

The intentional creation of a reasonable apprehension of an imminent battery. An attempt to commit a battery.

Summons

A formal notice to the defendant that a lawsuit has begun and that the defendant must file an answer within the number of days set by state law or else lose the case by default.

Process server

A person who carries out service of process.

Slander

Defamation that is communicated by the spoken word.

Affiant

A person who signs an affidavit. Also called deponent.

Writ of attachment

A written order to the sheriff, commanding the sheriff to attach the real or personal property of the defendant.

Litigants

Parties to a lawsuit.

Ex parte

On one side only.

Default judgment

A court decision entered against a party who has failed to respond to or defend a lawsuit.

Docket

A record of cases that are filed with the court.

Affidavit

A written statement sworn to under oath before a notary public as being true to the affiant's own knowledge information and belief.

Robbery

The wrongful taking and carrying away of the personal property of another from the other’s person or personal custody against his or her will by threat of force or violence.

Class action

A lawsuit brought, with the court’s permission, by one or more persons on behalf of a very large group of people who have the same interest in the matter.

Murder

The unlawful killing of a human being by another with malice aforethought.

Civil action

A noncriminal lawsuit.

Personal property

Anything that is the subject of ownership other than real property. Also called chattels and personalty.

Writ of garnishment

A written order of a court ordering a garnishee not to give out money or property held for another, but to appear and answer the plaintiff's suit.

Petition

A written application for a court order.

Deponent

One who gives testimony under oath. A person who signs an affidavit. Also called affiant.

Notary public

A person authorized by law to administer oaths, attest to and certify documents, take acknowledgments, and perform other official acts

Rules of civil procedure

Regulations that govern the proceedings in civil cases.