Glossary

A written or printed statement made under oath.

A procedure for settling a dispute outside the courtroom. Most forms of ADR are not binding,...

The formal written statement by a defendant in a civil case that responds to a complaint,...

A mini-trial, which may be for a lawsuit ready to go to trial, held in an attempt to avoid a...

A request made after a trial by a party that has lost on one or more issues that a higher...

Property of all kinds, including real and personal, tangible and intangible.

A written statement submitted in a trial or appellate proceeding that explains one side's...

The duty to prove disputed facts. In civil cases, a plaintiff generally has the burden of...

A complete collection of every document filed in court in a case.

The law as established in previous court decisions. A synonym for legal precedent. Akin to...

A legal claim.

A creditor's assertion of a right to payment from a debtor or the debtor's property.

A lawsuit in which one or more members of a large group, or class, of individuals or other...

A claim that may be owed by the debtor under certain circumstances, e.g., where the debtor is...

A person who makes a word-for-word record of what is said in court, generally by using a...

Money that a defendant pays a plaintiff in a civil case if the plaintiff has won. Damages may...

A judge's statement about someone's rights. For example, a plaintiff may seek a declaratory...

Latin, meaning "in fact" or "actually." Something that exists in fact but not as a matter of...

A judgment awarding a plaintiff the relief sought in the complaint because the defendant has...

In a civil case, the person or organization against whom the plaintiff brings suit. An...

An oral statement made before an officer authorized by law to administer oaths. Such...

Used to obtain disclosure of evidence before trial.

Court action that prevents an identical lawsuit from being filed later.

Dismissal without prejudice Court action that allows the later filing.

The termination of a marriage by legal action, requiring a petition or complaint for divorce...

A log containing the complete history of each case in the form of brief chronological entries...

In civil law, the legal rights of someone who confronts an adverse action threatening liberty...

Pertaining to civil suits in "equity" rather than in "law." In English legal history, the...

Information presented in testimony or in documents that is used to persuade the fact finder...

To place a paper in the official custody of the clerk of court to enter into the files or...

Guardian ad litem A person appointed by the court only to take legal action on behalf of a...

Evidence presented by a witness who did not see or hear the incident in question but heard...

The process of calling a witness' testimony into doubt. For example, if the attorney can show...

A court order preventing one or more named parties from taking some action. A preliminary...

A form of discovery consisting of written questions to be answered in writing and under oath.

The disputed point between parties in a lawsuit.

The official decision of a court finally resolving the dispute between the parties to the...

The legal authority of a court to hear and decide a certain type of case. It also is used as...

The study of law and the structure of the legal system.

The group of persons selected to hear the evidence in a trial and render a verdict on matters...

A judge's directions to the jury before it begins deliberations regarding the factual...

A legal action started by a plaintiff against a defendant based on a complaint that the...

A charge on specific property that is designed to secure payment of a debt or performance of...

A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are...

The attempt to settle a legal dispute through active participation of a third party...

An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must...

A request by a litigant to a judge for a decision on an issue relating to the case.

A judge's written explanation of the decision of the court. Because a case may be heard by...

An opportunity for lawyers to summarize their position before the court and also to answer...

A person or business that files a formal complaint with the court.

Written statements filed with the court that describe a party's legal or factual assertions...

A court decision in an earlier case with facts and legal issues similar to a dispute...

A meeting of the judge and lawyers to plan the trial, to discuss which matters should be...

The rules for conducting a lawsuit; there are rules of civil procedure, criminal procedure,...

A written account of the proceedings in a case, including all pleadings, evidence, and...

A penalty or other type of enforcement used to bring about compliance with the law or with...

The delivery of writs or summonses to the appropriate party.

Parties to a lawsuit resolve their dispute without having a trial. Settlements often involve...

A law passed by a legislature.

The time within which a lawsuit must be filed or a criminal prosecution begun. The deadline...

The act or process by which a person's rights or claims are ranked below those of others.

A command, issued under a court's authority, to a witness to appear and give testimony.

A command to a witness to appear and produce documents.

A decision made on the basis of statements and evidence presented for the record without a...

A document issued by the court at the time a lawsuit is filed, stating the name of both...

Akin to a preliminary injunction, it is a judge's short-term order forbidding certain actions...

Evidence presented orally by witnesses during trials or before grand juries.

A civil, not criminal, wrong. A negligent or intentional injury against a person or property,...

A written, word-for-word record of what was said, either in a proceeding such as a trial, or...

The geographic area in which a court has jurisdiction. A change of venue is a change or...

The decision of a trial jury or a judge that determines the final outcome of a civil case.

Jury selection process of questioning prospective jurors, to ascertain their qualifications...

A nonbankruptcy legal proceeding whereby a plaintiff or creditor seeks to subject to his or...

A writ is a written court order directing a person to take, or refrain from taking, a certain...