HMT 4150 Chapter 2

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HMT 4150 Chapter 2
2012-08-26 18:54:03

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  1. Allegations
    In pleading, that which a person will attempt to prove; an unproven assertion.
  2. Alternative Dispute Resolution
    Alternative to trial.  These include, for example, arbitration, and mediation.
  3. Answer
    The pleading issued by the defendant in response to plaintiff's complaint.
  4. Appeal
    A review by one court of the decision of another court, initiated by the party who lost in the prior court; a complaint made by a litigant to a superior court that a trial judge committed an error, and a request that the superior court correct the error.
  5. Appellate Court
    A court with the authority to review that handling and decisions of a case tried in a lower court.
  6. Arbitration
    The process of dispute resolution by an arbitrator chosen by the parties to decide the case.
  7. Briefs
    A written statement of a person's case to be submitted to a court, usually including a summery of the law involved in the case; a condensed statement of facts, and arguments reguarding how the law applies to the facts.
  8. Case-in-Chief
    That part of a trial where each party presents his evidence.
  9. Charge to the Jury
    The procedure at trial where the judge informs the jury of the law applicable to the case.  The charge occurs after the summations.
  10. Civil Case
    A non criminal case.  The remedy sought is typically damages (money).
  11. Claim
    A demand for a remedy, usually money, to compensate for a perceived wrong.
  12. Complaint
    The initial pleading filed in court in a civil lawsuit consisting of a statement of the wrong or harm allegedly done to the plaintiff by the defendant and a request for specific help from the court.
  13. Counterclaims
    Claims the defendant asserts against the plaintiff in an Answer.
  14. Criminal Case
    A case involving a legal wrong that can result in jail time for perpetrator.
  15. Cross-Examinations
    Questioning of a witness by the attourney opposed to the one who call the witness to stand.  Opposing counsel questioning the other party's witness.
  16. Default Judgement
    A judgment entered in favor of a plaintiff when the defendant fails to appear in court.
  17. Defendant
    The party who is sued in a lawsuit by the plaintiff.
  18. Deliberations
    The process undertaken by a jury to examine, review, and weigh the evidence to decide on a verdict.
  19. Depositions
    A pretrial interrogation of a witness under oath.
  20. Direct Examinations
    The questioning of a witness by the attourney who called the witnessto the stand.
  21. Discovery
    The process by which each side obtains evidence known to the other side.
  22. For cause
    Applies when a juror is dismissed because of inability to render an impartial verdict based on prior knowledge of the parties or the facts in the case, bias, or some other disqualifying circumstance.
  23. In Personam Jurisdiction
    The authority of a court to determine a case against a particular defendant.
  24. Interrogatories
    Formal written questions submitted to the opposing party in a lawsuit as part of the discovery proceddings.
  25. Judgement
    The official decision of a judge about the rights and claims of each side in a lawsuit.
  26. Judgment NOV
    An order from the judge reversing the jury's decision.
  27. Jurisdictions
    The authority of a court to hear a case, as determined by the legislature.
  28. Litigants
    The parties to a lawsuit.
  29. Mediation
    The process in which litigants settle their dispute out of court by mutual agreement with the aid of a mediator.
  30. Motion
    A request to a judge for relief that is made while a lawsuit is ongoing.
  31. Opening Statement
    A presentation to the jury at the beginning of a trial outlining the proof a lawyer expects to present during the trial.
  32. Parties
    The individuals in conflict in a lawsuit; also referred to a litigants.  A party may be a person, a business or other private organization, or a governmental body.
  33. Peremptory Challenges
    Process duing voire dire which allows a limited bumber of potential jurors to be dismiessed by attorneys without a stated cause.
  34. Plaintiff
    The party who commences a lawsuit seeking a remedy for an injury or loss that is the responsibility of another party, the defendant.
  35. Pleadings
    The complain, the answer, and the reply.
  36. Rebuttal
    Opportunity at trial for plaintiff to present evidence to contest defndant's evidence once the defendant has concluded its case.
  37. Remitter (Remittitur)
    A ruling by a judge that the amount of money awarded by the jury is unreasonably high.
  38. Reply
    Relay the plaintiff's response to the allegations in the counterclaim.
  39. Service of Process
    Formally notifying the defendant of the impending lawsuit by the plaintiff.
  40. Settlement
    A resolution of a dispute without a trial.
  41. Subject Matter Jurisdiction
    A court's power to decide cases of a particular category.
  42. Summary Jury Trial
    A trial heard by a jury without witness; sometimes used in federal courts to save time and money.  The jury renders a nonbinding decidion and the law requiresthe parties to negotiate their dispute after the jury rules.
  43. Summation
    Closing statements at a trialmade be attorneys, that summarize the case for the jury.
  44. Summons
    A document ordering the defendant to appear in a lawsuit and defend the allegations made against him/her.
  45. Trial
    The process whereby the parties present evidence and the judge or jury decides the issues.
  46. Verdict
    The jury's decision in a case.
  47. Voir Dire
    Process of examination of randomly selected prospective jurors to determine who will serve as jurors.