Civil Law

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allegation

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"The assertion, declaration, or statement of a party to an action, made in pleading, setting out what he or she expects to prove."

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appeal

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A plea to a higher court to alter or overturn a verdict or decision of a lower court because of error or injustice.

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appearance

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The formal proceeding by which a defendant submits himself or herself to the jurisdiction of the court.

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appellate court

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"A court having jurisdiction of appeal and review; not a ""trial court."""

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brief

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"A written document prepared by an attorney to file in court, usually setting forth both facts and law in support of his or her case."

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burden of proof

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"In the law of evidence, the necessity or duty of affirmatively proving a fact or facts in dispute. This burden may shift from the plaintiff to the defendant during a trial."

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cause

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"A lawsuit, litigation or legal action."

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circuit courts

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"In several states, the name given to a tribunal the territorial jurisdiction of which may comprise several counties or districts."

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claim

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An assertion that the suing party has been injured by the action of another.

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class action

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A lawsuit filed on behalf of many persons with a common legal interest at stake.

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allegation

Back 11

The assertion, declaration, or statement of a party to an action, made in pleading, setting out what he or she expects to prove.

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appeal

Back 12

A plea to a higher court to alter or overturn a verdict or decision of a lower court because of error or injustice.

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appearance

Back 13

The formal proceeding by which a defendant submits himself or herself to the jurisdiction of the court.

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appellate court

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A court having jurisdiction of appeal and review; not a trial court.

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brief

Back 15

A written document prepared by an attorney to file in court, usually setting forth both facts and law in support of his or her case.

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burden of proof

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In the law of evidence, the necessity or duty of affirmatively proving a fact or facts in dispute. This burden may shift from the plaintiff to the defendant during a trial.

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cause

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A lawsuit, litigation or legal action.

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circuit courts

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In several states, the name given to a tribunal the territorial jurisdiction of which may comprise several counties or districts.

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claim

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An assertion that the suing party has been injured by the action of another.

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class action

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A lawsuit filed on behalf of many persons with a common legal interest at stake.

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clear and convincing evidence

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A level of proof requiring the truth of the facts asserted to be highly probable.

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common law

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A body of rulings made by judges using, as guidelines, community customs and previous court decisions, or precedents, rather than written laws, or statutes.

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compensatory damages

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A form of money payment awarded at the end of a case to pay a person for the actual losses he or she has already suffered or will suffer because of wrong done to him or her.

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complainant

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The individual who initiates a lawsuit; synonymous with plaintiff.

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complaint

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The first or initiatory pleading on the part of the plaintiff in a civil action.

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conclusions of law

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The proposed or actual declarations of the legal basis for a court's ruling in a civil case.

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court of last resort

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A final court that decides a case on appeal; a supreme court.

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cross-examination

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The questioning of a witness in a trial, or in the taking of a deposition, by the party opposed to the one who produced the witness.

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damages

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Monetary compensation that may be recovered in the courts by any person who has suffered loss, detriment, or injury to his or her person, property, or rights, through the unlawful act or negligence of another.

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decree

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A decision or order of the court. A final decree is one that finally disposes of the litigation; an interlocutory decree is a provisional or preliminary decree that is not final.

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defendant

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A person who is sued or accused by another person in a court.

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deliberation

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The process by which a jury reaches a verdict at the close of a trial.

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deposition

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The sworn testimony of a witness taken by a report outside of court.

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direct examination

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The first interrogation of a witness by the party on whose behalf he or she is called.

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discovery

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The process, before or during a trial, by which one side seeks to determine the evidence in possession of the other side that could affect the outcome of the case.

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dissent

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A term commonly used to denote the disagreement of one or more judges of a court with the decision of the majority.

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docket

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The court record in which cases are listed or formally entered.

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double jeopardy

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The common-law and constitutional prohibition against more than one prosecution for the same crime, transaction or omission.

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due process

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Law in its regular course of administration through the courts of justice. The guarantee of due process requires that every person have the protection of a fair trial.

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enjoin

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To require a person, by an injunction from a court of equity, to perform, or to abstain or desist from, some act.

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exemplary damages

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An order to pay money as a form of punishment or deterrence from future error that has caused legal injury.

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Federal Rules of Civil Procedure

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Under the Rules Enabling Act of 1934, Congress granted the Supreme Court comprehensive procedural rule

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making power resulting in the Federal Rules of Civil Procedure of 1938. These rules govern all civil actions in the U.S. district courts as well as adversary proceedings in federal bankruptcy courts, and most states have modeled their own procedural rules after them.

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finding

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A formal conclusion by a judge of a fact or a principle of law.

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general damages

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A form of compensatory damages, ordered paid when the injury done was a natural and necessary consequence of the wrong or error done.

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hearing

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Any form of judicial, quasi

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judicial, or legislative proceeding at which issues are heard.

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injunction

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A mandatory or prohibitive order issued by a court.

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judgment

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A formal order of the court.

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jurisdiction

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The court's authority to hear and/or decide a case.

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jury

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A certain number of persons, usually selected from lists of registered voters or licensed drivers, sworn to inquire of certain matters of fact and declare the truth upon evidence laid before them during a trial.

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limitation (statute of)

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A certain time allowed by statute in which litigation must be brought.

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mandate

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A judicial command or precept proceeding from a court or judicial officer, directing the proper officer to enforce a judgment, sentence, or decree.

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merits

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Issues of legal substance at stake in a case, as opposed to procedural considerations.

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mistrial

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An erroneous or invalid trial; a trial that cannot stand in law because of lack of jurisdiction, incorrect procedure with respect to jury selection, or disregard of some other fundamental requisite; an invalid trial because of the inability of a jury to reach a verdict.

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motion for a new trial

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A request that the judge grant a new trial because of a fundamental error.

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motion to dismiss

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A formal request for the court to dismiss a complaint for reasons of insufficiency of evidence.

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motion to strike

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A request that the judge remove evidence or briefs offered in a case.

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municipal courts

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In the judicial organization of some states, courts whose territorial authority is confined to a city or community.

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notice

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A formal notification to a party that a lawsuit has been initiated.

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notice of appeal

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A short formal document indicating that an appeal has been filed from a judgment or verdict.

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notice to produce

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A written notice requiring the opposite party to yield a certain described paper or document in advance or at the trial.

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parties

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The persons who are actively involved with the prosecution or defense of a legal proceeding.

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plaintiff

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A person who brings an action; the party who complains or sues in a personal action and is so named on the record.

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pleading

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The process by which the parties in a suit or action alternately present written statements of their contentions, each responsive to that which precedes, and each serving to narrow the field of controversy.

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precedent

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An adjudged case or decision of a court considered as furnishing an example or authority for an identical or similar case or a question of law that arises afterwards.

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pretrial conference

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A meeting in which attorneys for both sides meet the judge in advance of the trial to seek to clarify or narrow the issues.

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punitive damages

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An order to pay money as a form of punishment or deterrence from future error of the same kind that has caused legal injury or wrong.

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rebuttal

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The introduction of contrary evidence; the showing that statements of witnesses as to what occurred is not true; the stage of a trial at which such evidence may be introduced.

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record

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All of the documents and evidence plus transcripts of oral proceedings in a case.

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remedy

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A legal or judicial means by which a right or privilege is enforced or the violation of a right or privilege is prevented, redressed, or compensated.

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respondent

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The party that has been sued in a civil case.

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reverse

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The action of a higher court in setting aside or revoking a lower court decision.

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Rules Enabling Act of 1934

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See Federal Rules of Civil Procedure.

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statute

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The written law, such as codes.

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summons

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A document directing the sheriff or other officer to notify the named person that an action has been commenced against him or her in court and that he or she is required to appear, on the day named, and answer the complaint.

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testimony

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Evidence given by a competent witness, under oath, as distinguished from evidence derived from writings and other sources.

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tort

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A wrongful act, injury, or damage for which a civil action can be brought.

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venue

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The particular county, city, or geographical area in which a court with jurisdiction may hear and determine a case.

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verdict

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In practice, the formal and unanimous decision or finding made by a jury, reported to the court, and accepted by it.

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waive

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To abandon or relinquish a right of privilege.

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witness

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One who testifies to what he or she has seen, heard, or otherwise observed.

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adjudication

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Giving or pronouncing a judgment or decree; also the judgment given.

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writ

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An order issued from a court requiring the performance of a specified act, or giving authority and commission to have it done.