Blaw Chapter 4 Vocab

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affidavits

Back 1

a sworn written statement made before an officer authorized by law to adinister oaths

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answer

Back 2

the respnsive pleading fied by a defendant

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appellant

Back 3

the party seeking review of a lower court decision

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appellee

Back 4

the party responding to an appeal; the winner in the trial court

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beyond a reasonable doubt

Back 5

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 defendants guilt

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brief

Back 6

a written document produced by a party for a reviewing court that conotains the facts, propostions 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 the lower court.

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burden of proof

Back 7

describes the party at a trial with thte burden of coming forward with evidence to establish a fact.

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class-action suit

Back 8

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

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clear and convincing proof

Back 9

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 ones side

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complaint

Back 10

in legal practice, the first written statement of the plaintiffs position and allegations, which initates the lawsuit

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counterclaim

Back 11

any claim filed by the defendant in a lawsuit against the plaintiff in the same suit

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counterdefendant

Back 12

the party involved in litigation against whom a counterclaim is iled. this party is the original plaintiff

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counterplaintiff

Back 13

the party invoved in litigation who files a counterclaim. this party is the original defendant who is making a claim against the original plaintiff

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default

Back 14

the failure of a defendant to answer a plaintiffs complaint within the time pericod allowed by the cout. upon the defendants default, a judgement is entered in the plaintiffs favor.

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defendant

Back 15

the party involved in a lawsuit that is sued; the party required to respond to the plaintiffs complaint.

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depositions

Back 16

a discovery process outside the couts supervision that involves the sworn quesitoning of a potential witness. this oral questioning is reduced to a written form so that a record is established.

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directed verdict

Back 17

in short a directed verdict removes the jurys discretion

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discovery

Back 18

procedures by which one party to a lawsuit may obtain information relevant to the case from the party or from third ersons.

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execution

Back 19

to carry out some action to completion.

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extradition

Back 20

the process that one state uses to have another state transfer to the jurisdiction fo the first state a person accused of criminal activities.

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garnishment

Back 21

a legal proceeding whereby a creditor may collect directly from a third party who is obligated to the debtor

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interrogatories

Back 22

a written question submitted by one party to another in a lawsuit; a type of discovery procedure

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judgment

Back 23

official adjudicatin of a court of law

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judgment notwithstanding the verdict

Back 24

the decision of a court that sets aside the verdict of a jury and reaches the opposite result

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judgment of the pleadings

Back 25

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 judgment prior to a trial

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jury instructions

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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

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long arm statutes

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a state statute that givves etraterritorial effect ot process (summons) in specified cases. It allows state courts to obtain jutisdiction in civil actions over defendants who are beyond the border of the state provided the defendants have minimum contact with the state sufficient to satisfy due process.

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motion

Back 28

the process by which the parties make written or oral requests that the judge issue an order or ruling

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oral argument

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attorneys appear in person before the appellate court to explain orally to the court their position in the case and answer the courts questions about the case

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peremptory challenges

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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

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personal jurisdiciton

Back 31

the power of a court over the parties inclved in the litigation process.

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petitioner

Back 32

the party filing either a case inequity or a petition for a writ of certiorari before a supreme court

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plaintiff

Back 33

the person who initates a lawsuit

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plaedings

Back 34

the system for defining and narrowing the issues by parties who file formal documents stating their respective positions in a lawsuit

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preponderance of evidence

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in the judgement of the jurors, evidence that has greater weight and overcomes the opposing evidence and presumptions

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request for an admission

Back 36

a method of discovery used to narrow the issues to be litigated by having a party request that the other party admit the facts are not in dispute

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request for production of documents

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a method of discovery whereby one party asks the other to provide documents for the requesting partys review

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res judicata

Back 38

the doctrine that deems a former adjucdication conclusive and prevents a retrial of mattes decided in the earlier lawsuit

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respondent

Back 39

the party answering a petition for a writ of certiorari in the supreme court

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standing to sue

Back 40

the requirement that a plaintiff must satisfy by demonstrating a personal interest in the utcome of litigation ro an administrative hearing

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statute of limitations

Back 41

a statute that sets a date after which a lawsuit may not be brought. the statute egins running after the happening of a certain event, such as the occurrence of an injury or the breach of a contract.

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summary judgment

Back 42

a judicial determination that no genuine factual dispute exists that one party to the lawsuit is entitled to judgment as a matter of law

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summons

Back 43

an official notice to a person that a lawsuit has been commmenced against him or her and that he or she must appear in court to answer the charges

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third party defendants

Back 44

a party who is not a party (plaintiff or defendant) to the original litigation. typically, a defendant might file a claim against a third party stating that if the defendant is liable to the plaintiff, then this thrid party will be liable to the defendant

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verdict

Back 45

findings of fact by the jury

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voir dire

Back 46

the preliminary eamination of prospective jurors for the purpose of ascertain bias or interest in the lawsuit