Legal Terminology

This set of flashcards covers essential legal terminology and concepts.

estate

All the property left by someone who has died.

civil law

A violation of civil law that does not directly harm the community; the person harmed sues the violator.

court

The tribunal or forum where the trial occurs, as well as the judge himself.

liable

Legally responsible.

damages

An amount of money paid to atone for injury or economic loss.

doctrine

A legal concept generally accepted by most courts which offers guidance to the court.

joint and several liability

When multiple defendants may be found liable as a group or separately.

plaintiff

The party who initiates the action by filing a complaint.

statute of limitations

The time limit for filing suit; suits filed after this time will be dismissed.

summons

Document that informs the defendant that they are being sued.

complaint

The pleading that initiates litigation, containing general allegations against the defendant.

parties

Individuals or groups involved in a legal action.

cause of action

A legally valid reason to sue; one of the required elements of a complaint.

information and belief

A legal phrase qualifying a statement as being a fact only to the best knowledge of the person making the statement.

defendant

The party against whom a complaint is filed.

ad damnum clause

Element of a complaint that asks for damages; also called 'wherefore clause.'

co-defendants

Multiple defendants in a legal action.

pleading

A document filed with the court asking the court to take some specific legal action.

allegation

A fact claimed by a party.

retainer

Money paid to an attorney to secure her services.

appearance

When an attorney acts on behalf of a client in court.

attorney-of-record

Once an attorney has entered an appearance, he or she is the attorney-of-record in the case.

venue

The place of trial; the physical location.

diversity of citizenship

When a federal court hears a case because the parties are from different states.

notary public

A person authorized to administer oaths and verify legal document signatures.

jurisdiction

Authority of a court to hear and decide a case.

in personam jurisdiction

Jurisdiction over a person.

in rem jurisdiction

Jurisdiction over the controversy, often property.

quasi in rem jurisdiction

Jurisdiction over property, even if the property is not the controversy.

lis pendens

Attachment notifying potential purchasers that the title is subject to litigation outcomes.

lien

Attachment to property title preventing its sale until a financial obligation has been satisfied.

rules of court

Laws governing the procedures of trials.

answer

The pleading filed by the defendant in response to the allegations.

affirmative defense

An admission that a specific act occurred, arguing it was not the defendant's fault.

counterclaim

A claim by the defendant against the plaintiff.

cross claim

A claim by one defendant against a co-defendant.

third-party complaint

Pleading where a defendant sues someone not yet a party to the action.

reply

The plaintiff's response to a defendant's counterclaim.

default judgment

A judgment by the court in favor of the plaintiff due to the defendant's failure to respond.

motion

A request for the court to take a specific procedural step.

litigation

The process of asking a court to decide the outcome of a dispute.

contest

To challenge.

discovery

Methods whereby one party obtains relevant information from the other party.

order

An official command by the court.

hearing

A proceeding in court with the presence of the judge and both parties.

privilege

The right to refuse to testify or prevent someone else from testifying.

certificate of mailing / certificate of service

Document attesting that a copy of the document was sent to all parties involved.

interrogatories

Written questions to the opposing party that must be answered under penalty of perjury.

request for admissions

Statements the opposing party must admit or deny under penalty of perjury.

request for production

A request for documents or items for inspection.

request for mental or physical examination

Request for the other party to undergo a mental or physical exam.

depositions

Oral questions that must be answered under oath.

ex parte hearing

A hearing at which only one party is present.

third-party defendant

The party against whom the third-party complaint was filed.

motion to dismiss

Request to end a case without going to trial.

dismissal with prejudice

A case is dismissed and may not be brought again.

dismissal without prejudice

A case is dismissed but can be filed again.

trial brief

Document arguing a legal issue, supporting a motion.

motion for summary judgment

A pretrial motion asking the court to decide based on pleadings and motions.

magistrate

A judicial officer who presides over hearings, handling procedural matters.

pretrial conference

Meeting between court and parties for clarification and to promote settlement.

stipulation

Agreement between counsel regarding an undisputed fact or issue.

settlement agreement

Agreement to end litigation for agreed-upon consideration.

at issue / in issue

A legal question to be answered by the court.

evidence

That which tends to establish or disprove a fact.

direct evidence

Evidence that tends to establish a fact without inference.

circumstantial evidence

Evidence requiring inference to establish another fact.

oral evidence

Evidence given orally.

physical evidence

Evidence that can be touched.

admissible

Evidence allowed to be considered by the jury.

docket

The court's official calendar for trials.

set for trial

To set a date for trial agreed upon by all parties.

jury / jurors

Group of citizens called to hear evidence and render a verdict.

jury panel

The group from which jurors are selected.

voir dire (for the jury)

To question prospective jurors.

challenge for cause

Method of dismissing a juror for good cause.

peremptory challenge

Method of dismissing a juror without reason.

bailiff

Court employee who keeps order.

alternate juror

Person who hears the case but does not vote unless a juror is dismissed.

opening statement

Presentations by attorneys stating the facts they intend to prove.

burden of proof

Degree to which something must be proved at trial.

preponderance of the evidence

Burden of proof in civil cases, meaning it is more likely than not.

rule on witnesses

Rule that states a witness may not be in the courtroom during other testimonies.

subpoena

Document compelling the appearance of a witness.

subpoena duces tecum

Document compelling a witness to provide specific documents.

objection

Formal challenge to evidence or questions.

bench conference

Discussion between the judge and attorneys not heard by the jury.

prejudicial

Tendency to cause bias.

probative value

Value of pursuing an investigative line of questioning.

preserving the record

Attorney's statements to protect the right to appeal.

sustain

To affirm an objection.

competency

Legal capacity to testify.

examination

Questions directed at a witness under oath.

direct examination

Questioning of a witness first by the party who called them.

cross examination

Questioning of a witness by the opposing party.

redirect examination

Questioning conducted by the direct examiner to clarify cross-examination.

recross examination

Second questioning by the party conducting cross-examination, limited to redirect issues.

proximate cause

The point at which a series of incidents leads to damages.

negligence

Establishment of a duty that was breached, resulting in damages.

excuse the jury

Judge instructs the jury to leave the courtroom temporarily.