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100 Cards in this Set
- Front
- Back
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action
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A suit or judicial proceeding.
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affirmative defense
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A defense which serves as a basis for providing some new fact; in such a defense, defendant is not simply denied the charge, but offers new evidence to void judgment against him; defendant must raise the defense in the answer and has the burden of proof on defense.
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allegation
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An assertion, declaration, or statement made in a pleading.
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Alternative Dispute Resolution (ADR)
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Methods of disposing of cases in the most economical manner, i.e.,early settlement conferences, mutual evaluations, special masters and referees, mediation and arbitration.
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Answer
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A responsive pleading by which defendant or respondent attempts to resist or rebut the plaintiff's demand by either denying the allegations in plaintiff's complaint or admitting them.
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Appeal
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A proceeding by which a case is brought from a lower to a higher court for rehearing on the law after judgment has been rendered by the lower court. The higher or appellate court may affirm, reverse, or modify the decisions.
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appear, appearance
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The coming into court of a party to an action or the filing of the party's first pleading in action, whether as a plaintiff or a defendant.
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Appellant
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One who has filed an appeal.
A party who files an appeal with a higher court. (B-14) |
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arbitration
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A procedure by which a lawsuit may be resolved by a person, who may or may not be a judge, at informal hearings.
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attorney of record
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An attorney currently representing a party who has appeared in the action.
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authorities
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Sources for legal points.
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calendar
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A record of time in which is recorded time, place, and date pertinent to cases at issue, or the act of making such a record of time; for example, to calendar the last day on which to file an Answer to a Complaint. The court calendar contains a record of mandatory settlement conference dates, trial dates, etc.
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calendar days
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When computing time, calendar days are every day on the calendar, which includes weekends and holidays.
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caption
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The heading or title on a court document (i.e., the names of the parties, the name of the court, the number of the case, and the title of the case).
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case law
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Law made by judicial decisions.
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Case Management Conference
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A meeting of counsel for all parties to an action before the court to present information sufficient to determine if the case is ready to be set for trial, as well as setting discovery deadlines and other deadlines in the case.
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cause
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An action or lawsuit.
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cause of action
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A "ground" (i.e., legal reason) on which a law suit is brought.
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a citation
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In civil procedure, a writ issued by a court of competent jurisdiction, commanding a person named in the writ to appear on the day designated in the writ and to do the act mentioned in the writ or show cause why he/she should not.
In court structure and as a general definition, the act of citing; making specific reference to a statue or court decision. |
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civil action
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An action in which an issue is presented for trial by filing a Complaint; every legal action other than a criminal matter.
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Civil Active List
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A list of pending cases awaiting assignment of a trial date.
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code
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Refers to a collection of existing laws or revision of laws arranged into chapters, subheads, table of contents, etc., designed to regulate complete subjects to which they relate.
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Complaint
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The initial pleading setting forth a cause/causes of action.
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conform
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To stamp with the court's filing stamp evidencing date of filing; also to show on a copy that the original has been signed.
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consolidation
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The joining of separate actions filed within the same court involving a common question or fact.
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court days
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When filing a document using court days, you only count the days in which the court is actually open for business. This would exclude weekends and holidays.
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Cross-complainant
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One who cross-complains.
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Cross-complaint
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A complaint filed by a defendant in an existing action against one of the parties in the action, or against a third person not a party in the action, alleging a cause of action against that party, if the cause of action arises from the same transaction.
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Cross-defendant
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A named defendant in a cross-complaint.
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damages
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In civil procedure, compensation for loss or injury.
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declarant
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One who makes a declaration.
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default
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To fail to appear to answer, act, or pay.
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defendant
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The party against whom a claim or charge is made. In a civil case, the one who is being sued in the complaint.
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demurrer
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A formal objection to a pleading.
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dismissal
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The act of dismissing a matter, of having it taken out of judicial consideration; for example, a complaint may be dismissed by the court if the plaintiff fails to serve a summons on the defendant.
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dismissal with prejudice
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The dismissal of the case that is barred from being filed again on the same claim or cause.
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dismissal without prejudice
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The dismissal of the case that the complainant may file again on the same cause of action.
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due date
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Date by which a pleading or document must be filed and served.
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et alius (et al.)
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And another and/or others.
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et sequentia (et seq.)
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And the following.
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et ux
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And wife.
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evidence
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Information furnished by testimony or exhibits in support of the issues set forth by the parties to the action.
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ex parte
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By or for one party. In general usage, it refers to a special hearing among all counsel at a time when the court is not generally in session or is in session for special purposes only. A document presented to or order granted by a judge without the opposing party's appearing, or in some cases, without the opposing party being given notice of the action.
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exhibit
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To hold out or to present for view; a document shown to witness on giving evidence, and referred to by him and his evidence.
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expert witness
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A witness having special knowledge not normally possessed by the average person of a subject about which he/she is to testify. The expert witness is then entitled to more than the normal statutory fee for testifying.
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face page
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The first page of a document noting the court, case name, case number, and title of document.
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guardian ad litem
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A court-appointed person to protect the interests of another (see Prob. Code section 1455).
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hearing
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A formal proceeding in which definite issues of fact and law are tried and in which the parties proceeded against are heard; similar to a trial, and may terminate in the issuance of an order by the court.
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in camera
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In chambers.
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in limine
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At the beginning or the threshold.
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in propria persona (in pro per)
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Acting in one's own behalf, without counsel.
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interested party
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A party who has appeared in action.
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intervenor
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A person who voluntarily becomes a party in a lawsuit between other persons; a person who voluntarily interposes in a pending proceeding.
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judgment
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The official decision of the court in a proceeding.
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judgment book
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A book required to be kept by the clerk of the court for the entry of judgments.
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judgment creditor
judgment debtor |
A person who has proven a debt in court and is entitled to use court processes to collect it. The person owing the money is a judgment debtor.
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jurisdiction
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The right to exercise power or authority over a given matter.
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jury
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A specified number of persons selected to determine questions of fact, render a verdict, or decide contested matter.
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liz pendens
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Notice warning the public that a lawsuit is pending in court which affects possession or title of real property.
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litigate
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To contest by means of a lawsuit.
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Mandatory Settlement Conference
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A meeting of counsel and parties before a judge to determine if a settlement can be reached before trial.
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motion
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In civil, an application made to the court requesting a specific order or action; for example, a motion to vacate judgment is a request to the court that the judgment previously entered in the case be voided.
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moving party
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A party who makes a motion; also called "movant."
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notice
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A formal statement of intention, or informing of the pendency of the matter or action.
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opposing party
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A party whom a motion is against.
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Order
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A determination made or entered in writing by a court; sometimes same as a judgment.
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peremptory challenge
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An objection made to a juror for which no cause is given. There is a limited number of peremptory challenges allowed to each party in a case.
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perjury
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The act of willfully making a false statement under oath.
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pleading
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Written document submitted to a court; and of the process in which opposing parties file written statements and responses to the other party with the court; in the aggregate, all such statements filed in a case may be called "the pleading." The pleadings allowed in civil actions are complaints, demurrers, answers, and cross-complaints, and in family law are petitions and responses.
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point
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Legal theory upon which a motion is based.
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prayer
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That part of the pleading which sets forth the relief sought or the orders the party wishes the court to make.
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process server
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A person who serves court summonses, subpoenas, and writs.
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release
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Instrument documenting the discharge of an obligation or the waiver of one party of its rights against another party.
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respondent
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The party who answers or responds to a petition.
The adverse party to the appellant. (B-14) |
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responsive pleading
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An answer, demurrer, motion to quash, motion to strike, or other pleadings filed in response to allegations in the complaint or other pleading.
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sanctions
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A fine or penalty levied against a party or his/her counsel for violation of court rules or orders.
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service of process
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The service of writs, summonses, pleadings, subpoenas, etc.; the act of delivering such documents to, or leaving them with, the party to whom or with whom they ought to be delivered or left; and when so delivered, they are said to have been served.
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settlement
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An agreement between parties in dispute by which they agree to adjust their rights against each other and to dismiss an action.
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statement of decision
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Factual or legal reasoning given by the trial court for making its judgment.
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status conference
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A meeting of counsel for all parties to an action before the court to present information sufficient to determine if the case is ready to be set for trial, as well as setting discovery deadlines and other deadlines in the case.
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statute
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A law formally enacted by a legislative body.
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statute of limitation
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A statute prescribing the period of time within which an action may be brought. When more than one, it becomes statutes of limitation.
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stipulation
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An agreement between opposing parties in a pending proceeding or action.
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subpoena
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A writ or order to compel the attendance of a person to testify.
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subpoena duces tecum
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A writ or order to compel a person to produce books, records, documents, or other evidence.
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suit
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Civil action proceeding.
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summons
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A judicial order directing a defendant to appear in a matter.
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supra
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Before, above.
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testimony
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Oral or written statements made by a witness under oath.
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third-party defendant
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A defendant in a third-party claim.
The party who is alleged to be liable to the third-party plaintiff. (B-14) |
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third-party plaintiff
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A defendant who files a complaint against a third party not named as a defendant by the plaintiff.
A party against whom a cause of action has been asserted who claims the right to recover all or part of any amount for which he/she may be held liable from a third person and who filed a cross-complaint stating such a claim against the third-party. (B-14) |
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tort
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A legal wrong or injury.
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transcript
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Official copy of a document or statement made by a witness under oath.
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trial de novo
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Trial from the beginning; to start anew.
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unification
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The consolidating of municipal and superior courts.
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vacate
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To void.
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venue
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The place where a case must be tried.
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verdict
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The decision of a jury or court after trial of a cause of action.
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verification
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A statement under oath or under penalty of perjury, attesting to the truth of the facts set forth in the document to which the verification is attached; also, the act of verifying or the state is being verified.
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voir dire
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To speak the truth. This usually refers to the examination of prospective jurors by the court and attorneys at the beginning of a jury trial.
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