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29 Cards in this Set
- Front
- Back
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Attachment to the title of a piece of property notifying potential purchasers that the property is the subject of litigation
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1. Lis Pendens:
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Attachment to the title of a piece of property preventing its sale until a previous financial obligation has been met
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2. Lien:
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A party who is the subject of a complaint
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3. Defendant:
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The law that governs the procedural mechanics of trials
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4. Rules of Court:
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The pleading filed by the defendant to respond to the allegations in the complaint
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5. Answer:
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An admission that a specific act did occur, with the argument that
the fault lies somewhere else |
6. Affirmative Defense:
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A claim by the defendant against the plaintiff
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7. Counterclaim:
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A claim by one defendant against a codefendant. The most common form of a cross-claim is the Third Party Complaint.
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8. Cross-claim:
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A judgment entered by the court in favor of the plaintiff, based on the defendant’s failure to respond in a timely fashion
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9. Default Judgment:
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A request that the court take a specific procedural step; similar to a pleading
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10. Motion:
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A civil lawsuit
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11. Litigation:
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To challenge
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12. Contest:
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The process whereby one party to a suit obtains relevant informationfrom the
other party. |
13. Discovery:
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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
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14. Certificate of Mailing:
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A specific command of the court, usually demanding that one or both parties perform some specific act
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15. Order:
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A proceeding, usually in court, at which the judge and both parties are present
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16. Hearing:
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The right to refuse to testify or prevent another from testifying
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17. Privilege:
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A hearing at which only one party is present
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18. Ex Parte Hearing:
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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:
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A motion to dismiss a case without going to trial
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20. Motion to Dismiss:
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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:
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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:
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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:
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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:
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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
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25. Magistrate:
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A meeting between the court and the parties for procedural matters. Often used by the court to promote settlement.
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26. Pretrial Conference:
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An agreement to end litigation for an agreed upon amount of money or some other consideration.
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27. Settlement:
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Agreed to. A fact not disputed at trial
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28. Stipulation:
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A legal question that need to be answered by the court
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29. At Issue/In Issue:
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