Legal Terms - Binder

Front 1

Bates Numbering

Back 1

Sequentially numbering of documents for ease of reference. The numbers are applied by a machine stamp (not commonly used anymore)or by numbered computer-generated labels.

Front 2

Brief

Back 2

A written argument concentrating on legal points used by a lawyer to convey to the court the essential facts of his client's case, a statement of the questions of law involved, the law that should be applied, and the application he desires made of that law by the court.

Front 3

Cause of Action

Back 3

The basis for a legal dispute. Facts sufficient to support a valid lawsuit.

Front 4

Civil Action

Back 4

A lawsuit. An action to protect a private right in a dispute between private parties.

Front 5

Complaint

Back 5

In a civil action, the first pleading of the plaintiff setting out the facts on which the cliam is based. The purpose is to give notice to the adversary of the nature and basis of the claim asserted.

Front 6

Counter-Claim

Back 6

A counter-demand by defendant against the plaintiff; it is not a mere answer or denial of plaintiffs allegations, but asserts an independent cause of action in favor of defendant.

Front 7

Cross-Claim

Back 7

A claim litigated by Codefendants or Co-plaintiffs against each other, and not against a party on the opposite side of the litigation.

Front 8

Deposition

Back 8

A method of pretrial discovery consisting of a stenographically transcribed statement of a witness, under oath, in response to an attorney's questions, with opportunity for the opposing counsel to be present. Depositions may also be taken with written interrogatories, where the officer who is taking the depositions reads the questions to the witness.

Front 9

Discovery

Back 9

A pretrial procedure by which one party gains information held by the adversee party, concerning the case; the disclosure by the adverse party of facts, deeds, and documents that are exclusively within his possession of knowledge and that are necessary to support the other party's position. Common types of discovery are depositions, interrogatories, production of documents, and requests for admissions.

Front 10

Litigation

Back 10

A lawsuit. A judicial contest aiming to determine and enforce legal rights.

Front 11

Privilege Documents

Back 11

These are documents which, by law, do not have to be surrendered to the opposing side for review during discovery. Example would be written communication betweeen the plaintiff and their attorney.

Front 12

Redacting

Back 12

To delete text from a document by either covering up the text with self-adhesive corrective tape, or by marking over the text with a black marking pen. The purpose of redacting is to delete material that is privileged or otherwise exempt from production during discovery.

Front 13

Redweld or Redrope

Back 13

These terms are used interchangeably to refer to rust colored, heavy duty, expandable folders with or without an enclosure flap. These folders can contain several inches of documents or can be used for file folder storage.

Front 14

Third Party Litigation

Back 14

A claim made by someone other than the parties directly involved in the original suit

Front 15

War Room

Back 15

An office within a law firm that has been designated for a particular case. Here all documents involved in the case are stored and prepartion for the case is made.