Additor - When a jury acts irresponsibly in
the award it provides in a decision a judge may increase it, this is called
additur.
Alternative Dispute Resolution - A manner in which cases that are
disputed can be resolved w/o having to take the cases to court. i.e. mediation,
arbitration, summery jury trials, and mini-trial, may be entered into willingly
by both or one of the parties or may be ordered by the court. Pg. 17
Alternative Service - When normal document service is
not possible it is provided that other means can be used to serve orders, i.e.
certified mail or leaving the documents at the defendant’s home with a person
of suitable age.
Answer - A defendant’s reply to a
complaint, by submitting an answer the defense consents to jurisdiction. The
answer usually contains admissions, denials, asserts legal defenses, and raises
counterclaims.
Bench Trial - The trial of a matter where the
court sits w/o a jury; trial by a judge. Both parties must wave any
constitutional right to a jury.
Complaint - written document in which the
plaintiff alleges jurisdiction, sets forth the facts that he or she claims
entitles the plaintiff to relief from the defendant, and demands relief.
Constructive Service – Any method other than direct
that is used in an attempt to serve notice to a person of a pending suit.
Barron’s pg. 470.
Contingent Fee - A case where the attorney takes
a percentage of the damages collected.
Counterclaim - A claim asserted against the
plaintiff by the defendant based on purported facts involving the same case.
Default - A flexible term for omission of
that which a person ought to do. 2) The failure to plead or otherwise defend
action, by a party against whom a judgment for affirmative relief is sought.
Deposition - A written record of oral
testimony, in the form of questions and answers, made before a public officer,
for us in a lawsuit. They are used for the purpose of discovery of information,
or for the purpose of being read as evidence at a trial, or for both purposes.
Direct Examination - The initial questioning of a
witness by the party who calls him.
Directed Verdict - A determination by a jury made
at the direction of the court, in cases where there has been a failure of
evidence, an overwhelming weight of the evidence, or where the law, as applied
to the facts, is for one of the parties.
Discovery – Modern pre-trial procedure by
which one party gains information held by another party; the disclosure by a
party of the facts, deeds, documents, and other such things.
Execution - The writ, order or process
issued to a sheriff, directing him to carry out the judgment of a court, e.g.,
to make the money due on the judgment out of the property of the defendant.
Garnishment – Process in which money or goods
in the hands of a third person that are due a defendant, are attached by a
plaintiff; e.g. property controlled by a third person which is owed to or
belongs to a debtor is used to repay a creditor. Barron’s pg. 217.
General Verdict - The decision of the jury, when
they simply find for the plaintiff or defendant, w/o specifying the facts they
found from the evidence.
Hearsay - Statements offered by a
witness, based upon what someone has told them, and not upon personal
knowledge.
Judgment – The determination of a court of
competent jurisdiction upon matters submitted to it; a final determination of
the rights of the parties to a lawsuit.
Judgment creditor - When the court levies a
financial judgment against a def. It is called a judgment debtor.
Judgment
debtor - The
person that a judgment creditor must be paid to. Pg. 133
Judgment notwithstanding the
verdict - (j.n.o.v.) – Granted
when the judge decides that reasonable people could not have reached the
verdict. Pg. 202
Lien - A security device, by which
there is created a right 1) to retain that which is in a person's possession,
belonging to another, until certain demands of the person in possession are
satisfied; or 20 to charge another's possession with payment of a debt, e.g., a
vendor’s lien. It may be either a) particular, arising out of some charge or
claim connected with the identical thing; b) general, in respect of all
dealings of a similar nature between the parties; or c) CONVENTIONAL, BY
AGREEMENT, EXPRESS OR IMPLIED, BETWEEN THE PARTIES, E.G., a mortgage; or d) by
operation of law e.g., a lien for taxes or an attorneys lien.
Motion for directed verdict – The motion is granted for the party
making the motion if the judge decides that the case is perfectly clear and
that reasonable people could not disagree on the result. If the motion is
granted, the moving party wins the decision w/o the jury deciding the case. Pg.
202
Motion for new trial – May be granted by a judge for a
variety of reasons, including excessive or grossly inadequate damages, newly
discovered evidence, questionable jury verdict, errors in the production of
evidence, or simply in the interest of justice. Pg. 202
Motion for non-suit
– This motion is made if the
defendant’s attorney believes that the plaintiff
was unable to substantiate the essential allegations adequately.
The judge grants the motion only if a reasonable person could not find for the
plaintiff. Pg. 201
Motion for relief from judgment – Granted if the judge finds a
clerical error in the judgment,
newly discovered evidence, or fraud that induced the judgment. Pg. 202Motion to dismiss (demurrer)– An attorney may ask for a dismissal if the complaint is poorly drafted and so vague that the defendant can’t understand what is being alleged, whether the venue might be wrong, or whether there might be some problem with service. Pg. 177.
Oral deposition – A witness is examined under oath outside court before an official of the court. The party wishing the deposition must give notice to the opposing party to the suit so that the person may be present to cross-examine the witness.
Personal service – When a summons is delivered directly to a person. Pg. 175.Petition – A request made to a public official or public body that has authority to act concerning it. The right to petition the government for a redress of grievances is secured to the people by the US Constitution amend. 1. B) under some codes of the civil system a petition is the written statement that initiates a lawsuit. C) A written request to the court for an order after a notice.
Pleading – The alternate and opposing statements of the parties to a lawsuit. Under the Federal Rules of Civil Procedure, and analogous state rules of civil procedure, the pleadings consist of a Compliant and an Answer; a reply to a Counterclaim denominated as such, an Answer to a cross-claim; if the Answer contains a cross claim; a Third-Party Compliant, if a person who was not an original party is summoned; and a third party Answer, if a Third-party Complaint is served. No other pleadings shall be allowed, except that the court may order a Reply to an Answer or a Third-party Answer. (a) Pleadings consist of simple, concise and direct averments of claims for relief, defenses and denials. Matters, which constitute an avoidance or affirmation defense, must be set forth affirmatively. Glossary.
Production of documents – One party may compel the other
party to produce documents or other things in possession of that party for
inspection. Pg. 179.
Remittitur – When a jury acts irresponsibly
in the award it provides in a decision a judge may decrease it, this is called
remittitur.
Reply – A defensive pleading by a
plaintiff, the sole purpose of which is to interpose a defense to a new matter
pleaded in the answer. In modern practices is not allowed except in response to
a counter-claim or with special permission of the court. Barron’s pg. 432.
Request for waiver of service – This enables the defense to take
longer in preparation of the answer and the plaintiff doesn’t have to pay a
server. Pg. 175. I am iffy on this.
Settlement conference – when attorneys from opposing
sides meet, w/ or w/o the clients, to try and reach a disposition that would be
satisfactory to all parties involved.
Voir dire – Jury Selection
Writ of summons – Warns the defendant that a default judgment can be awarded responds with a pleading, usually an answer within a stated period of time.
Written deposition – A list of written questions to be
answered by a person, must be answered under oath and in writing.
Written interrogatories – May be submitted only to parties
to the case and not witnesses.