Legal Terminology

Front 1

Mini-Trials

Back 1

Informal trials run by private organizationsestablished for the purpose of settling disputes out of court

Front 2

Concilation

Back 2

(Mediation) An informal process in which aneutral 3rd party listens to both sides and makes suggestions forreaching a solution

Front 3

Transitory Action

Back 3

A lawsuit that may be brought in more than oneplace as long as the court in which it is heard has proper jurisdiction

Front 4

Original Jurisdiction

Back 4

The power to hear a case when it first goes to court

Front 5

Arbitrator

Back 5

Neutral 3rd party who listens to bothsides and makes a decision w/ regard to the dispute

Front 6

In rem action

Back 6

A lawsuit that is directed against property rather than a particular person

Front 7

In personam action

Back 7

A lawsuit in which the court has jurisdiction over the person

Front 8

Quasi in rem action

Back 8

A lawsuit in which the court has jurisdiction over the defendant's property but not the defendant's person

Front 9

Caucus

Back 9

A private session with a mediator in which the mediator learns what the interests are behind each side's demands

Front 10

Plenary jurisdiction

Back 10

Complete jurisdiction over both the parties and the subject matter of lawsuit

Front 11

Long-arm statutes

Back 11

Statutes that allow one state to reach out and obtain personal jurisdiction over a person in another state

Front 12

Res

Back 12

The property (thing)

Front 13

Parole

Back 13

Conditional release from prison; allows personto serve remainder of sentence outside prison under specific terms

Front 14

Severance of actions

Back 14

The separation of lawsuits or prosecutionsinvolving multiple parties into separate, independent cases, resulting inseparate, final judgments

Front 15

Information

Back 15

A formal written charge of a crime made by apublic official rather than by a grand jury

Front 16

Commutation of sentence

Back 16

The changing of a sentence to one that is less severe

Front 17

Malefactor

Back 17

A person found guilty of a crime

Front 18

Victims impact statement

Back 18

A statement to the court, at thetime of sentencing, relative to the impact that the crime had on the victim orthe victim’s family

Front 19

Bifurcated trial

Back 19

A trial that is divided into two parts,providing separate hearings for different issues in the same lawsuit

Front 20

Justiciable

Back 20

Appropriate for court assessment

Front 21

Extradition

Back 21

A process that permits the return of fugitives, tothe state in which they are accused of having committed a crime, by thegovernor of the state to which they have fled

Front 22

Process

Back 22

The means of compelling the defendant in an actionto appear in court

Front 23

Writ

Back 23

A written order of a court, returnable to thesame, commanding the performance or nonperformance of an act

Front 24

Summons

Back 24

A formal notice to the defendant that a lawsuithad begun and that the defendant must file an answer within the number of daysset by state law or else lose the case by default

Front 25

Docket

Back 25

A record of cases that are filed with the court

Front 26

Default judgment

Back 26

Acourt decision against a party who has failed toplead or defend a lawsuit

Front 27

Writ of attachment

Back 27

A written order to the sheriff, commanding thesheriff to attach the real or personal property of the defendant

Front 28

Ad damnum

Back 28

The clause in the complaint stating the damages claimed by the plaintiff

Front 29

Complaint

Back 29

A formal document containing a short and plainstatement of the claim, indicating that the plaintiff is entitled to relief andcontaining a demand for the relief sought

Front 30

Encumbrance

Back 30

A claim that one has against the property ofanother. A lien, charge, or liability attached to and binding the real property

Front 31

Summary proceeding

Back 31

A short and simple trial

Front 32

Affiant

Back 32

Aperson who signs an affidavit. Also calleddeponent

Front 33

Trustee

Back 33

A person who holds legal title to property intrust for another

Front 34

Substituted service

Back 34

A type of service in which the summons andcomplaint are delivered to the defendant’s agent, mailed, or published in anewspaper

Front 35

Declaration

Back 35

At common law, a formal document containing a short and plainstatement of the claim, indicating that the plaintiff is entitled to relief andcontaining a demand for the relief sought

Front 36

Pleadings

Back 36

The written statements of claims and defensesused by the parties in a lawsuit

Front 37

Garnishment

Back 37

A procedure for attaching a defendant’s propertythat is in the hands of a third person

Front 38

Ripeness doctrine

Back 38

A principle under which the court will not heara case unless there is an actual, present controversy for the court to decide

Front 39

Petition

Back 39

A written application for a court order

Front 40

Aver

Back 40

To make an allegation; to assert positively

Front 41

Writ of execution

Back 41

A written order to the sheriff, commanding thesheriff to enforce a judgment of the court

Front 42

Averments

Back 42

Claims that the party making them expects to prove

Front 43

Writ of garnishment

Back 43

A written order of a court ordering a garnisheenot to give out money or property held for another, but to appear and answerthe plaintiff’s suit

Front 44

Constructive service

Back 44

A type of service in which the summons andcomplaint are left at the defendant’s last and usual place of abode

Front 45

Gravamen

Back 45

The essential basis or gist of acomplaint filed in a lawsuit

Front 46

Garnishee

Back 46

A third party who holds money or property of adebtor that is subject to a garnishment action

Front 47

Cause of action

Back 47

The ground on which a suit ismaintained

Front 48

Ex parte

Back 48

On one side only

Front 49

Lis pendens

Back 49

Pending suit