Affidavits
A sworn written statement made before an officer authorized by law to administer oaths
Answer
The responsive pleading filed by a defendant
Appellant
The party seeking review of a lower court decision
Appellee
The party responding to an appeal; the winner in the trial court
Beyond a reasonable doubt
The burden of proof required in a criminal case. The prosecution in a criminal case has the burden of proving the defendant is guilty, and the jury must have no reasonable doubt about the defendant's guilt
Brief
A written document produced by a party for a reviewing court that contains the facts, propositions of law, and argument of a party. It is in this document that the party argues the desired application of the law and any contentions as to the rulings of th
Burden of Proof
The term burden of proof has two meanings. It may describe the party at a trial with the burden of coming forward with evidence to establish a fact. The term also describes the party with the burden of persuasion. This party must convince the judge or jur
Class-action suit
A method of litigation that allows one or more plaintiffs to file a lawsuit on behalf of a much larger group of persons, all of whom have a common interest in the claims being litigated.
Clear and Convincing Proof
A burden of proof that requires the party with the burden to establish clearly the existence of the alleged facts. This burden requires more proof than merely having a preponderance of evidence on one's side.
Complaint
In legal practice, the first written statement of the plaintiff's position and allegations, which initiates the lawsuit.
Counterclaim
Any claim filed by the defendant in a lawsuit againts the plaintiff in the same suit
Counterdefendant
The party involved in litigation againts whom a counterclaim is filed. This party is the original plaintiff
Counterplaintiff
The party involved in litigation who files a counterclaim. This party is the original defendant who is making a claim againts the original plaintiff
Default
The failure of a defendant to answer a plaintiff's complaint within the time period allowed by the court. Upon the defendant's default, a judgement is entered in the plaintiff's favor.
Defendant
The party involved in a lawsuit that is sued; the party required to respond to the plaintiff's complaint.
Depositions
A discovery process outside the court's supervision that involves the sworn questioning of a potential witness. This oral questioning is reduced to a written form so thata record is established
Direct Verdict
A motion for a directed verdict requests that the judge direct the jury to bring in a particular verdict if reasonable minds could not differ on the correct outcome of the lawsuit. In deciding the motion, the judge will view in the light most favorable to
Discovery
Procedures by which one party to a lawsuit may obtain in formation relevant to the case from the other party or from third persons.
Execution
To carry out some action to completion. With respect to enforcing a court's judgement, an execution involves the seizure of the debtor's property, a sale of the property, and the payment of proceeds to the creditor
Extradition
The process that one status uses to have another state transfer to the jurisdiction of the first state a person accused of criminal activities
Garnishment
A legal proceeding whereby a creditor may collect directly from a third party who is obligated to the debtor
Interrogatories
A written question submitted by one party to another in a lawsuit; a type of discovery procedure
Judgement
Official adjudication of a court of law
Judgement notwithstanding the verdict
The decision of a court that sets aside the vedict of a jury and reaches the opposite result
Judgement on the pleadings
A principle of litigation, in the form of a motion, whereby one party tests the validity of the allegations contained in the complaint and answer. Upon this motion a judge might determine that the pleadings contain no issues of fact or law and thus grant
Jury instructions
A statement made by the judge to the jury informing them of the law applicable to the case the jury is bound to accept and apply.
Long-arm Statutes
A state statute tha gives extraterritorial effect to process (summon) is specified cases. It allows state courts to obtain jurisdiction in civil actions over defendants who are beyond the border of the state provided the defendants have minimum contact wi
Motion
The process by which the parties to a contract reach a bargain on the basis of an incorrect assumption common to both parties.
Oral argument
Attorneys appear in person before the appellate court to explain orally to the court their position in the case and answer the court's question's about the case
Peremptory Challenge
The power granted each party to reject a limited number of potential jurors during voir dire examination. No reason for the rejection need be given
Personal Jurisdiction
The power of a court over the parties involved in the litigation process
Petitioner
The party filing either a case in equity or a petition for a writ of certiorari before a supreme court
Plaintiff
The person who initiates a lawsuit
Pleadings
The system for defining and narrowing the issues by parties who file formal documents stating their respectiveness positions in a lawsuit.
Prepnderance of evidence
In the judgement of the jurors, evidence that has greater weight and overcomes the opposing evidence and presumptions
Request for an admission
A method of discovery used to narrow the issues to be litigated by having a party request that the other party admit the facts that are not in dispute
Request for Production of Documents
A method of discovery whereby one party asks the other to provide documents for the requesting party's view
Res Judicata
The doctrine that deems a former adjudication conclusive and prevents a retrial of matters decided in the earlier lawsuit
Respndent
The party answering a petition for a writ of certiorari in the Supreme Court
Standing to sue
The requirement that a plaintiff must satisfy by demonstrating a personal interest in the outcome of litigation or an administrative hearing
Statute of limitations
A statute that sets a date after which a lawsuit may not be brought. The statute begins running after the happening of a certain event, such as the occurrence of an injury or the breach of a contract
Summary Judgement
A judicial determination that no genuine factual dispute exists and that one party to the lawsuit is entitled to judgement as a matter of law
Summons
An official notice to a person that a lawsuit has been commenced againts him or her and that he or she must appear in court to answer the charges
Third-Party Defendants
A party who is not a party(plaintiff or defendant) to the original litigation. Typically, a defendant might file a claim againts a third party stating that if the defendant is liable to the plaintiff, then this third party will be liable to the defendant
Verdict
Findings of fact by the jury
Voir Dire
The preliminary examination of prospective jurors for the purpose of ascertaining bias or interest in the lawsuit