In pleading, that which a person will attempt to prove; an unproven assertion.
Alternative Dispute Resolution
Alternative to trial. These include, for example, arbitration, and mediation.
The pleading issued by the defendant in response to plaintiff's complaint.
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.
A court with the authority to review that handling and decisions of a case tried in a lower court.
The process of dispute resolution by an arbitrator chosen by the parties to decide the case.
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.
That part of a trial where each party presents his evidence.
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.
A non criminal case. The remedy sought is typically damages (money).
A demand for a remedy, usually money, to compensate for a perceived wrong.
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.
Claims the defendant asserts against the plaintiff in an Answer.
A case involving a legal wrong that can result in jail time for perpetrator.
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.
A judgment entered in favor of a plaintiff when the defendant fails to appear in court.
The party who is sued in a lawsuit by the plaintiff.
The process undertaken by a jury to examine, review, and weigh the evidence to decide on a verdict.
A pretrial interrogation of a witness under oath.
The questioning of a witness by the attourney who called the witnessto the stand.
The process by which each side obtains evidence known to the other side.
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.
In Personam Jurisdiction
The authority of a court to determine a case against a particular defendant.
Formal written questions submitted to the opposing party in a lawsuit as part of the discovery proceddings.
The official decision of a judge about the rights and claims of each side in a lawsuit.
An order from the judge reversing the jury's decision.
The authority of a court to hear a case, as determined by the legislature.
The parties to a lawsuit.
The process in which litigants settle their dispute out of court by mutual agreement with the aid of a mediator.
A request to a judge for relief that is made while a lawsuit is ongoing.
A presentation to the jury at the beginning of a trial outlining the proof a lawyer expects to present during the trial.
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.
Process duing voire dire which allows a limited bumber of potential jurors to be dismiessed by attorneys without a stated cause.
The party who commences a lawsuit seeking a remedy for an injury or loss that is the responsibility of another party, the defendant.
The complain, the answer, and the reply.
Opportunity at trial for plaintiff to present evidence to contest defndant's evidence once the defendant has concluded its case.
A ruling by a judge that the amount of money awarded by the jury is unreasonably high.
Relay the plaintiff's response to the allegations in the counterclaim.
Service of Process
Formally notifying the defendant of the impending lawsuit by the plaintiff.
A resolution of a dispute without a trial.
Subject Matter Jurisdiction
A court's power to decide cases of a particular category.
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.
Closing statements at a trialmade be attorneys, that summarize the case for the jury.
A document ordering the defendant to appear in a lawsuit and defend the allegations made against him/her.
The process whereby the parties present evidence and the judge or jury decides the issues.
The jury's decision in a case.
Process of examination of randomly selected prospective jurors to determine who will serve as jurors.