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31 Cards in this Set

  • Front
  • Back
All property left by a decedent
1. Estate:
A violation of this law does not directly harm the community; therefore, the person harmed must sue the violator to collect damages
2. Civil Law:
May refer to the tribunal or forum where the trial occurs, as well as the judge himself
3. Court:
Awards of money paid to a person in compensation for injury or economic loss
4. Damages:
Legally responsible
5. Liable:
A legal concept generally accepted by most courts which, although it is not always law, offers guidance to the court
6. Doctrine:
Multiple defendantsmay be found liable as a group or separately.
7. Joint and Several Liability:
Sum of money paid to an attorney to secure his services
8. Retainer:
An attorney acting on behalf of a client in court, either through a personal
appearance in front of the judge or by filing a document with the court on the client’s
behalf.
9. Appearance:
Once an attorney has entered an appearance, he is the attorney-of -record in the case.
10. Attorney-of-Record:
The location of trial
11. Venue:
A kind of jurisdiction giving a federal court the power to hear a
case because the parties are from different states and the amount of money exceeds a
minimum set by federal statute, currently $75,000.
12. Diversity of Citizenship:
Most legal matters have a time limit for filing suit. The time period
generally begins when the damages occur.
13. Statute of Limitations:
Document that informs the Defendant that she or he is being sued, and that
she or he has a specific amount of time in which to respond.
14. Summons:
The pleading that initiates litigation.
15. Complaint:
Individuals or groups involved in a legal action.
16. Parties:
Party who initiates legal action by filing a complaint.
17. Plaintiff:
A legally valid reason to sue.
18. Cause of Action:
More than one defendant in a legal action.
19. Co-Defendants:
A document filed with the court to request some specific legal action(s)
20. Motion:
A fact claimed by one party
21. Allegation:
A common legal phrase that qualifies a statement as being a fact
only to the best knowledge of the person making the statement. Equivalent to saying, “I’m not positive, but I think this happened.”
22. Information and Belief:
Element of a complaint that asks for damages. Also called a “Wherefore Clause” or “Claim for Relief.”
23. Prayer for Relief/Ad Damnum Clause:
A group of citizens from the community charged with determining the outcome of a
case
24. Jury:
Occurs when a document is presented to the clerk of court. The document, and copies, are usually date stamped at the time of filing.
25. Filing:
The presentation of legal papers to a person
26. Service:
The delivery of the summons and complaint to the defendant in a
court action.
27. Service of Process:
Service of legal papers upon an individual, as opposed to a business or registered agent
28. Personal Service:
A person who serves legal documents; must generally be at least 18 years of age and nonparty to the action.
29. Process Server:
A written statement of fact, sworn to under oath
30. Affidavit:
One who signs an affidavit
31. Affiant: