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29 Cards in this Set

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Attachment to the title of a piece of property notifying potential purchasers that the property is the subject of litigation
1. Lis Pendens:
Attachment to the title of a piece of property preventing its sale until a previous financial obligation has been met
2. Lien:
A party who is the subject of a complaint
3. Defendant:
The law that governs the procedural mechanics of trials
4. Rules of Court:
The pleading filed by the defendant to respond to the allegations in the complaint
5. Answer:
An admission that a specific act did occur, with the argument that
the fault lies somewhere else
6. Affirmative Defense:
A claim by the defendant against the plaintiff
7. Counterclaim:
A claim by one defendant against a codefendant. The most common form of a cross-claim is the Third Party Complaint.
8. Cross-claim:
A judgment entered by the court in favor of the plaintiff, based on the defendant’s failure to respond in a timely fashion
9. Default Judgment:
A request that the court take a specific procedural step; similar to a pleading
10. Motion:
A civil lawsuit
11. Litigation:
To challenge
12. Contest:
The process whereby one party to a suit obtains relevant informationfrom the
other party.
13. Discovery:
This form, attesting that a correct copy has been sent to all partiesk, is usually attached to a document filed with the court or to a discovery document
14. Certificate of Mailing:
A specific command of the court, usually demanding that one or both parties perform some specific act
15. Order:
A proceeding, usually in court, at which the judge and both parties are present
16. Hearing:
The right to refuse to testify or prevent another from testifying
17. Privilege:
A hearing at which only one party is present
18. Ex Parte Hearing:
The party against whom the Third Party Complaint was filed. The
defendant in the original complaint is the “Third-Party Plaintiff.”
19. Third Party Defendant:
A motion to dismiss a case without going to trial
20. Motion to Dismiss:
When a case is dismissed in this manner, it may not be brought
again since the court has made its decision.
21. Dismissal with Prejudice:
When a case is dismissed, in this manner, it may be filed again
since the court has not made its decision.
22. Dismissal without Prejudice:
Also called Trial Memorandum or Points and Authorities, this document is filed
with the court and argues a legal issue, relying on law to support the party’s position. It
attempts to convince the reader, only argues points favorable to the client. Briefs are often filed in support of a motion.
23. Trial Brief:
A pretrial motion asking that the court determine the
outcome of the case based upon the pleadings and motions rather than going to trial with
a jury. The argument is that there are no material facts in dispute, only law, and since the judge is the trier of fact, there is no need for a jury or trial.
24. Motion for Summary Judgment:
A judicial officer who may preside over hearings, but does not have all the powers that a judge possesses and usually deals with procedural matters
25. Magistrate:
A meeting between the court and the parties for procedural matters. Often used by the court to promote settlement.
26. Pretrial Conference:
An agreement to end litigation for an agreed upon amount of money or some other consideration.
27. Settlement:
Agreed to. A fact not disputed at trial
28. Stipulation:
A legal question that need to be answered by the court
29. At Issue/In Issue: