Basic Law

Answer

Defendant's response, in pleading form, to plaintiff's complaint by denial or a combination of admissions and denials.

Appeals court

Determines questions of law whether errors of law or abuse of discretion were made by a lower court.

Arbitration

Determination by panel of arbiters of disputed matter under binding agreement between disputing parties.

Civil action

Not criminal; an adversary proceeding for enforcement, declaration, or protection of a private right or to prevent a private wrong; an action to compel payment or redress from private civil wrongs.

Compliant

The first court pleading, alleging the cause of action within a lawsuit; document that initiates the lawsuit; used in civil law; concise statement giving defendant notice of the causes of action and the relief and remedies demanded by the party filing it.

Constitution

A written instrument for the American people or people of a state, regarded as the absolute law of the land; highest authority of law.

Counterclaim

The claim made by defendant against the plaintiff either as a claimed amount or a set-off; used in civil cases only.

Criminal litigation

Brought by the government by the government against wrongdoers whose acts pose such a threat to society that governmental intervention and punishment of the wrongdoer are appropriate.

Deposition

The testimony of a witness taken before a person authorized to take oaths wherein such witness can be cross-examined by opposing counsel during discovery or examined and cross-examined by both sides' attorneys in order to perpetuate testimony.

Discovery

Litigation techniques for finding out the evidence and testimony of an opposing party or a witness in the lawsuit and/or admissions or denials of facts in controversy; all done prior to the actual trial.

Interrogatories

Written questions sent from one party to a lawsuit to other party, who must answer them in writing under oath.

Judgment

Court of law's decision upon the parties' claims within a litigated lawsuit; can be converted into a lien.

Mediation

A structured settlement process utilizing a skilled negotiator working with the parties to a lawsuit.

Precedent

Principle of law declared by a court to serve as a rule for future guidance in same or analogous cases.

Pretrial

Conference scheduled by court before trial, attended by attorneys and parties to lawsuit and presided over later liens.

Reply

A plaintiff's responsive pleading to a defendant's counterclaim; does the same thing for the plaintiff that the answer does for the defendant.

Service process

Delivering or somehow putting a defendant on notice that he or she is being sued, so as to give him or her the constitutionally protected due process pf law rights.

Settlement

An agreement by the parties to a lawsuit to each take something less than each desires so as to avoid pursuing the case to trial or beyond.

Stare decisis

Legal doctrine that applies when a court declares that a principle of law, as decided in an earlier case(s), serves as precedent and is to be followed by other courts in similar or analogous cases.

Statue

Within law, enacted by state or federal legislature, that declares, commands, or prohibits some act.

Trial court

Lower court wherein issues of fact are decided by judge or jury and judgment is rendered.