Business Law- Chapter 3

Front 1

Affidavit

Back 1

A written or printed voluntary statement of facts, confirmed by the oath or affirmation of the aprty making it and made before a person having the authority to administer the oath of affirmation.

Front 2

Affirmative Defense

Back 2

A response to a plaintiff's claim that does not deny the plaintiff's legal right to bring an action. An example is the running of the statute of limitations.

Front 3

Answer

Back 3

Procedurally, a defendant's response to the plaintiff's complaint.

Front 4

Brief

Back 4

A formal legal document submitted by the attorney for the appellant- or the appellee (in answer to the appellant's brief)- to an appellate court when a case is appealed. The appellant's brief outlines the facts and issues of the case, the judge's rulings or jury's findings that should be reversed or modified, the applicable law, and the arguments on the client's behalf.

Front 5

Closing Argument

Back 5

An argument made after the plaintiff and defendant have rested their cases. Closing arguments are made prior to the jury charges.

Front 6

Complaint

Back 6

The pleading made by a plaintiff alleging wrongdoing on the part of teh defendant; the document that, when filed with a court, initiates a lawsuit.

Front 7

Counterclaim

Back 7

A claim made by a defendant in a civl lawsuit that in effect sues the plaintiff.

Front 8

Cross-examination

Back 8

The questioning of an opposing witness during the trial.

Front 9

Default Judgment

Back 9

A judgement entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff's claim.

Front 10

Deposition

Back 10

The testimony of a party to a lawsuit or a witness taken under oath before a trial.

Front 11

Direct Examination

Back 11

The examination of a witness by the attorney who calls the witness to the stand to testify on behalf of the attorney's client.

Front 12

Discovery

Back 12

A phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial.

Front 13

E-evidence

Back 13

A type of evidence that consists of computer-generated or electronically recorded information, including e-mail, voice mail, spreadsheets

Front 14

Federal Rules of Civil Procedure (FRCP)

Back 14

The rules controlling procedural matters in civil trials brought before the federal district courts.

Front 15

Hearsay

Back 15

An oral or written statement made out of court that is later offered in court by a witness (not the person who made the statement) to prove the truth of the matter asserted in the statement. Hearsay is gnerally inadmissable as evidence.

Front 16

Interrogatories

Back 16

A series of written questions for which written answers are prepared and then signed under oath by a party to a lawsuit, usually with the assistance of a party's attorney.

Front 17

Motion

Back 17

A procedural request or applicaton presented by an attorney to the cout on behalf of a client.

Front 18

Motion for a Directed Verdict

Back 18

In a state court, a party's request that the judge enter a judgment in her or his favor before the case is submitted to a jury because the other party has not presented sufficient evidence to support the claim. The fedral courts refer to this request as a motion for judgment as a matter of law.

Front 19

Motion for a Judgment as a Matter of Law

Back 19

In a federal court, a party's request that teh judge enert a judgment in her or his favor before teh case is submitted to a jurty because the other party has not submitted sufficient evidence to support the claim. The state courts refer to this request as a motion for a directed verdict.

Front 20

Motion for a New Trial

Back 20

A motion asserting that the trial was so fundamentally flawed (because of error, newly discovered evidence, prejudice, or other reason) that a new trial is necessary to prevent a miscarriage of justice.

Front 21

Motion for Judgment

Back 21

A mition requesting the court to grant juegment in favor of the party making the motion on the ground that the jury verdict against him or her was unreasonable and erroneous.

Front 22

Motion for Judgment on the Pleadings

Back 22

A motion by either party to a lawsuit a the close of the pleadings requesting the court to decide the issue solely on the pleadings without proceeding to trial. The motion will be granted only if no facts are in dispute.

Front 23

Motion for Summary Judgment

Back 23

A motion requesting the court to ender a judgement without proceeding to trial. The motion can be based on evidence outside the pleadings and will be granted only if no facts are in dispute.

Front 24

Motion to Dismiss

Back 24

A pleading in which a defendant asserts that the plaintiff's claim fails to state a cause of action (that is, has no basis in law) or that there are other grounds on which a suit should be dismissed.

Front 25

Opening Statement

Back 25

A statement made to the jury at the beginning of a trial by a party's attorney, prior to the presentation of evidence. The attorney briefly outlines the evidence that will be offered and the legal theory that will be persued.

Front 26

Pleadings

Back 26

Statements made by the plaintiff and the defendant in a lawsuit that detail the facts, charges, and defenses involved in the litigation; the complaint and answer are part of the pleadings.

Front 27

Pretrial Conference

Back 27

A conference, scheduled before teh trial begins, between the judge and the attorneys litigating the suit. The parties may settle the dispute, clarify the issues, schedule discovery, and so on during the conference.

Front 28

Pretrial Motion

Back 28

A written or oral application to a court for a rulin ggor order, made before trial.

Front 29

Rebuttal

Back 29

The refutation of evidence introduced by an adverse party's attorney.

Front 30

Rejoinder

Back 30

The defendant's answer to teh plaintiff's rebuttal.

Front 31

Relevant Evidence

Back 31

Evidence tending to make a fact at issue in the case more or less probable than it would be without the evidence. Only relevant evidence is admissible in court.

Front 32

Rules of Evidence

Back 32

Rules governing the admissibility of evidence in trial courts.

Front 33

Service of Process

Back 33

The delivery of the complaint and summons to a defendant.

Front 34

Summons

Back 34

A document informing a defendant that a legal action has been commenced against him or her and that the defendant must appear in corut on a certain date to answer the plaintiff's complaint. The document is delivered by a sheriff or any other person so authorized.

Front 35

Verdict

Back 35

A formal decision made by jury.

Front 36

Voir Dire

Back 36

A French phrase meaning, litterally, "to see, to speak." In jury trials, the phrase refers to the process in which the attorneys question prospective jurors to determine whether they are biased or have any connection with a party to the action or with a prospective witness.

Front 37

Writ of Execution

Back 37

A court's order, after a judgment has been entered against the debtor, directing the sheriff to seize (levy) and sell any of the debtor's nonexempt real or personal property. The proceeds of the sale are used to pay off the judgment, accrued interest , and costs of sale; any surplus is paid to the debtor.