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49 Cards in this Set

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Pleadings
The formal claims and defenses of the parties that are presented to a lawyer for the judgement of the court.
Written allegations of what is claimed on one side and refuted on the other.
Complaint
The first pleading on the part of the plaintiff in a civil action.
A statement of the plaintiff's grievance.
Ad damnum clause
The part of the complaint which states the plaintiff's damages
Prayer for relief
A demand for judgment giving plaintiff an award for the relief he or she feels entitled to based upon the facts stated in the complaint
ad quod damnum
A phrase used to describe a plaintiff's money loss or the damages claimed to be suffered.
summons
The legal paper by which an action is begun is a summons. An order of the court, issued by an officer of the court or the plaintiff's attorney, served upon the defendants, requiring appearance in court at a certain time to answer the charge.
answer
The pleading made in response to a complaint by a defendant or the defendant's attorney .
The answer is the defendant's reply to the allegations of the plaintiff.
counterclaim
An opposing claim to offset another is a counterclaim. A claim returned by a defendant in opposition to the claims of the plaintiff's.
vice versa
Reversing the order. In reverse.
subpoena
A written legal order (Court order) directing a person to appear at a deposition or trial to give testimony.
sub = penalty
poena= for failure to comply
Duces tecum
Latin for
You bring with you
duces = you bring
te = you
cum = with
subpoena duces tecum
A writ that orders the person upon whom it served to bring certain evidence along to a deposition or court trial.
bill
In law, is the name given formal, written declarations, complaints, or statements of particular things.
A bill may may request a new trial, ask for discovery proceedings, or express exceptions to court rulings or procedures
bill of particulars
A written statement of the specific details of a claim made by one party against another.
bill quia timet
a bill filed by a party seeking aid in court of equity because of fears of future injury to his or her rights and interests.
Quia timet = because he or she fears
affidavit
A freely given declaration, signed by the maker, sworn to before a notary public
affiant
A person who makes an affidavit. The person who signs a written declaration under oath before a notary public.
jurat
the clause written at the foot of an affidavit. It states when, where and before whom an affidavit was sworn.
acknowledgment
A statement attached to a document declaring that the person who signed the instrument is the person mentioned therein and that he or she did sign the document.
verification
A verification is a signed statement at the end of a document alleging that the statements of fact in the document are true. it is signed by the maker of a paper, stating that he or she has read the document and believes the statements contained therein to be true.
caption
The terms "title of a lawsuit" and "caption of a lawsuit" are synonymous.
The heading of a legal instrument.
Doe clause
When fictitious defendants are named in a caption, the complaint includes a paragraph called a Doe clause (except in NY state). It states that fictitious defendants, such as John Doe or Jane Doe, are named because the true names and capacities are unknown.
venue
Refers to the county or geographical division in which civil or criminal action is brought. Relates to the place where a case will be tried.
change of venue
Transferring the trial of a case from one country ot another. Sometimes a trial is moved away from the locale where the crime in question was committed in order to select a jury unbiased by pretrial publicity.
jurisdiction
The power of the court to act upon a given case. Extent of power, authority or control.
The elements making up the court's jurisdiction are 1) geographical limitations, 2) subject matter that the legislature has authorized the court to adjudicate, and 3) the amount of money in controversy in the lawsuit.
capias
The Latin word meaning "may you take" A writ directing an officer to arrest a person named therein. A writ of attachment or arrest. Any writ requiring an officer to take the body of a defendant into custody or to seize his or her property in civil action.
Court calendar
A record made by the clerk of the court of the trial dates of cases,attorneys and their actions pending in court. It lists cases in the order in which they will be tried.
docket
A digest of court cases and a brief, formal record of court proceedings. A brief entry of proceedings of every court of justice is made for every case before it on a docket sheet.
motion
An application for a court ruling or order. May be made by the parties or their counsel for a rule or order, either in progress of a lawsuit or summarily.
demurrer
A plea for the dismissal of a lawsuit on the grounds that even if the statements of the opposition are true, they do not sustain the claim
interrogatories
A set or series of formal written questions to be answered under oath by a witness. Frequently used as part of the discovery process in the interest of saving court time.
verbaitim
Word for word
deposition
Sworn, verbatim tesstimony of a witness, who is called the deponent, taken out of court in shorthand by a court reporter who reduces it to a typewritten transcript.
de bene esse
A technical phrase applied to an act done provisionaly or conditionally and out of due course. Evidence taken by deposition from a person who may not live until the time of trial of a lawsuit is "de bene esse"
fishing expedition
When counsel tries to secure information during the discovery process by asking questions regarding material not within the issues or supported by the allegations.
pretrial conference
When a case has been set for trial, the attorneys of record meet with the judge to discuss the issues involved in the lawsuit. Some states require a pretrial conference.
advocate
A lawyer who defends, assists, or pleads for another in a law court is called an advocate. A person who pleads the cause of another in a court of law.
adversary
An enemy or foe who opposes another is called. Latin for "turned against, opponent". Any antagonist in a contest of any kind.
adversarial
Our system of administering justice is adversarial.
falsus in uno, falsus in omnibus
Latin = "False in one thing, false in everything"
If a witness willfully gives false testimony on a material issue with the intention of deceiving, the jury may disregard all that witness's testimony under this doctrine.
ore tenus
Latin = word of mouth

Spoken testimony is "ore tenus"
counsel
A person who gives legal advice is known as counsel. The word counsel means the same thing as the words attorney and lawyer.
lawyer
A person learned in the law. A person whose business it is to give legal advice.
A person licensed to practice law.
attorney
A person who is appointed and authorized to act in place and stead of another. Agent of another. An officer of the court who had been admitted to the bar and may prepare and try cases.
client
A person who employs or retains a lawyer is a client of that counsel. One who retains an attorney to advise assist, and defend him or her in legal proceedings and to act for him or her in legal business
plaintiff
The person who begins a lawsuit. The one who sues another.
In criminal cases, the government is the plaintiff.
defendant
The person against whom the action is brought. The party whose conduct is complained about in a lawsuit. In criminal law, the person accused of a crime.
testimony
Evidence given under oath or affirmation by a competent witness
witness
A person who testifies in court or by a statement, interrogatory, or deposition.