affidavit
A written statement or declaration whose contents are sworn to be true by the signer before a notary or some other judicial officer authorized to take oaths. A witness's affidavit carries such weight that a judge will frequently accept it place of oral testimony in court.
answer
A defendant's written response to a plaintiff's initial court filing, called a complaint. An answer normally denies some or all facts asserted by the complaint and may sometimes include counterclaims of allegations or charges against the plaintiff. A defendant usually has 30 days to file an answer after being served with the plaintiff's complaint.
appeal
Request to a higher court to reverse the decision of a trial court after final judgment or other legal ruling, citing legal reasons for overturning the ruling. No new evidence is admitted on appeal, for it is strictly a legal argument.
claim
A demand for money or relief.
class action
A type of lawsuit filed by one or more plaintiffs on behalf of themselves and a larger group of people "who are similarly situated." While allowing one judge to hear all the cases at the same time, the resulting decision is binding on all parties.
closing statement
The final argument in a trial by an attorney on behalf of his/her client after all evidence has been produced for both sides.
cross examination
The opportunity for the attorney for one party to ask questions in court of a witness who has testified in a trial on behalf of the opposing party.
de bene esse
Of formal sufficiency for the time being; conditionally; provisionally.
defendant
The party against whom the court has been asked by the plaintiff to order damages or specific corrective action to redress alleged unlawful or improper action.
deposition
Sworn testimony taken under oath prior to trial before a court reporter in a place away from the courtroom.
direct examination
The first questioning of a witness during a trial or deposition.
discovery
The pre-trial process in which a party to a lawsuit may obtain information from the opposing party and potential witnesses via demands for production of documents, depositions, written interrogatories, written requests for admissions of fact, examination of the scene, and employment of petitions and motions to enforce these rights.
expert witness
A person who is a specialist in a subject, often technical, who may present his or her expert opinion without having been a witness to any occurrence relating to the lawsuit.
"forum shopping"
Practice of filing a lawsuit in the jurisdiction (of the several available to the plaintiff) perceived to be most favorable to the presentation and outcome of the case.
interrogatories
A set of written questions to a party to a lawsuit asked by the opposing party as part of the pre-trial discovery process. These questions must be answered, normally with help from one's attorney, in writing under oath under penalty of perjury within a specified period of time, such as 30 days.
joint and several liability
Liability in which each defendant is responsible for the entire amount of the judgment. Often the court will allow the plaintiff to collect from whichever defendant can most easily pay, letting that defendant demand contributions from the other defendants.
judgment
The final decision by a court in a lawsuit or appeal from a lower court's judgment.
judgment non obstante veredicto (JNOV) = judgment notwithstanding the verdict
Reversal of a jury's verdict by the trial judge when the judge believes there was no factual basis for the verdict or it was contrary to law. The judge will then enter a different verdict as "a matter of law", to prevent injustice.
jurisdiction
The authority given by law to a court to try cases and rule over acts committed in a defined territory, over certain types of cases, or over certain groups of persons.
lawsuit
A common term for a legal action by one person or entity against another person or entity, to be decided in a court of law.
negligence
Failure to exercise the care toward others which would reasonably be expected of a person in the circumstances, or taking action which a reasonable person would not.
opening statement
The factual presentation by the attorney for one side at the beginning of a trial of what will be proved during the trial. The defendant's attorney may delay the opening statement for the defense until the plaintiff's evidence has been introduced.
paralegal
A non-lawyer who performs routine tasks requiring some knowledge of the law and procedures and who is often employed by a law office to handle much of the pre-trial paperwork.
peer review
An examination and evaluation of the performance of a professional or technician by a board or committee made up of people in the same occupation.
perjury
An intentional lie given while under oath to tell the truth. This false statement may be made in testimony in court, administrative hearings, depositions, answers to interrogatories, as well as by signing or acknowledging a written legal document known to contain false information.
plaintiff
The party who initiates a lawsuit by filing a complaint with the clerk of the court against the defendant(s).
preponderance of the evidence
The greater weight of evidence that persuades a judge or jury to lean to one side as opposed to the other during the course of litigation. In civil trials, evidence is required only by preponderance, not beyond a reasonable doubt. The side with the most persuasive or impressive evidence wins the case.
rebuttal
Evidence introduced to counter, disprove or contradict the opposition's evidence or claim, or responsive legal argument.
setoff
A claim by a defendant in a lawsuit that the plaintiff owes the defendant money which should therefore be subtracted from the amount of damages claimed by plaintiff.
settlement
The resolution of a lawsuit or legal dispute prior to a final court judgment. Most settlement are achieved by negotiation in which the attorneys and the parties agree to terms of settlement. In practice, most lawsuits result in settlement.
"sophisticated employer" defense
A common law defense in which a manufacturer of hazardous products attempts to claim that it should not be held liable for adverse effects to the plaintiff because it had adequately informed the plaintiff's employer of the hazards of its products. With this knowledge, the manufacturer claims, the "sophisticated employer" should have been expected to protect its employees from the effects of such hazards.
state of the art
Latest most effective and reliable, superseding earlier standards.
statute of limitations
A law which sets the maximum period after which the right to file a lawsuit expires, depending on the type of case or claim. In some instances a statute of limitations can be extended based on delay in discovery of injury.
strict liability
Automatic responsibility for damages due to ownership or use of equipment, materials or possessions which are inherently dangerous.
trial
The examination of facts and law presided over by a judge with authority to hear the matter.
verdict
The decision of a jury, which must be accepted by the trial judge to be final. A judgment by a judge sitting without a jury is not a verdict.
voir dire
The questioning of prospective jurors by a judge and attorneys in court to determine if there is cause not to allow a juror to serve; or questions asked to determine the competence of an alleged expert witness; or any hearing outside the presence of the jury held during trial.
|
