Legal Terminology 1-5

Answer

The defendant’s pleading which responds to the plaintiff’s petition or complaint.

Bill of sale

An instrument evidencing a transfer of personal property.

Caption

The heading on a pleading, containing name of court, county, parties, and the title of the document.

Common law

Law evolving from ancient custom, from judicial decision and casual statutes, as contrasted with a concerted plan of statutory enactments.

Counterclaim

The claim that a defendant may make against a plaintiff in the plaintiff’s action against him.

Default

Usually in pleading, a failure to take a required step within a specified time; can result in a default judgment against the one who failed to act.

Deposition

Taking testimony outside the courtroom before a court reporter with the other side present for purposes of cross examination. The testimony is given under oath and reduced to writing.

Eminent domain

The power to take private property for public use through condemnation proceedings and compensation.

Hypothetical question

A question asking an expert witness to assume proven facts and eliciting witness' opinion based on those facts.

Liable

Responsible; chargeable with.

Plaintiff

The person or company or corporation or any legal entity named in caption of lawsuit as bringing the action.

Pleading

An instrument used to frame the issues in a lawsuit.

Preponderance

Greater weight, said of evidence.

Reply

The pleading that responds to an answer.

Stipulation

The agreement of counsel as to existence of certain facts or circumstances.

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.

Contempt of court

Acts which impede the court. It can be failure to carry out an order, or it can be disrespectful conduct.

De jure

Legitimate; lawful.

Canon

A system of correlated rules or standards.

Allocution

Formality of court's inquiry of prisoner as to whether he/ she has any legal cause to show why judgment should not be pronounced against him/her on verdict of conviction.

Dictum

In a court's decision, the statement of a rule or principle of law which is not essential to the determination of the issues in a particular case but is used to explain the court's reasoning.

Ex parte

By or for one person, not adversary.

Easement

A right of access onto, over, under, or across real property.

Joint tenancy

An ownership of property by two or more persons; when one joint tenant dies, his/her interest passes to the other tenants.

Interlocutory

Temporary or immediate; not final.

Guardian ad litem

Appointed to protect a minor defendant's interest during specific litigation.

Et seq.

And following.

Mandamus

Order of a higher court directing a lower court to take certain action.

Res gestae

Things done; especially the acts and declarations admissible in evidence that form the environment of a litigated issue, considered as exception to hearsay rule.

Retainer

The arrangement (or the fee) where a lawyer undertakes to represent a client; usually refers to a continuing arrangement.

Supra

Above, earlier in this document.

Tenants in common

A joint tenancy of two or more people, but when one tenant in common dies, his/her interest passes to his/her heirs, etc., not to the other tenants.

Suo nomine

In one’s own name.

Riparian rights

Rights which accrue to the owner of land on the banks of a waterway.

Venue

The place of jurisdiction.

Wanton

Grossly negligent or careless.

Nisi prius

The trial court where a case is tried to a jury as distinguished from an appellate court.

Impeachment

Destruction of a witness’s credibility.

Inculpatory

That which tends to incriminate or bring about a criminal conviction.

Lex loci

The law of the place.

Domicile

The actual place that is home to the person. It’s stronger than residence. You can have several residences simultaneously but only one domicile.

Consideration

In contract law, it’s value given or received; it can be money, services, property, or mutual performances; the factor that makes a contract binding.

Best evidence

Evidence from the most reliable source; an original as against a copy.

Certiorari

Appellate review proceeding examination action of an inferior court for further information; a writ or review or inquiry.

Demurrer

A pleading which says, “I admit, for the purposes of argument, that your claimed facts are true, but those facts do not give you a valid claim against me.

Bail

The process of taking some security to guarantee that an accused person will appear at a hearing or trial.

Caveat

Warning.

De novo

Anew; starting over as though not done before.

Damages

The monetary redress which one seeks to recover from another.

Directed verdict

A verdict that the judge instructs the jury to return which it must do. Used when there are no factual issues for the jury to decide.

In camera

In chambers.

Judge pro tem

Lawyer appointed by judge to sit on the bench when the regular judge cannot be there.

Mala fide

With bad faith (opposite of bonafide).

Extradition

Surrender of an alleged criminal by one state to another.

Dissent

The opinion of a judge who does not agree with the majority of the court.

Equity

As used in property or contract law, means the interest that a person has in property he/she is mortgaging or is buying; the amount remaining over and above the amount of the mortgage thereon or balance due on the purchase price under the contract to buy the same.

Res judicata

A thing or point formerly in controversy but now judicially settled.

Statute

The written law as enacted by the legislature.

Prima facie

On the first appearance. A prima facie case is such as will suffice until contradicted and overcome by other evidence.

Ordinance

A municipal statute.

Security agreement

A lien on goods or personal property to secure payment on the purchase price of goods on the installment plan; replaces the old chattel mortgage.