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Statute of Limitation
Time period specified by applicable law that provides a time deadline for filing of claims. TERM 2
Peremptory Challenge
DEFINITION 2 In a peremptory challene, the moving party does not have to prove a reason for excusing a particular person. TERM 3
Challenge for Cause
DEFINITION 3 Any prospective juror found by the judge to the biased or prejudiced against the parties will be removed. TERM 4
Venire
DEFINITION 4 Large group of prospective jurors TERM 5
Jury
Consultant
DEFINITION 5 Works in cooperation with a lawyer during jury selection. One for each side.
Burden of Proof
Parties who initiate civil and criminal cases in American Courts carry this. TERM 7
Direct Examination
DEFINITION 7 Elicit information through a question and answer method that assists the plaintiff in proving the claim. TERM 8
Lay Witness
DEFINITION 8 A person who has some personal knowledge about the facts of the case and who is called upon to relate this information in court. TERM 9
Closing Argument
DEFINITION 9 Offers the plaintiff and defendant in a civil dispute a chance to summarize the case and recap on their points. TERM 10
Writ of Execution
DEFINITION 10 A procedure that attempts to satisfy a money judgement through a seizure and a sale of a defendant's eligible assets.
Plaintiff
The person filing the lawsuit. TERM 17
Venue
DEFINITION 17 Refers to the proper place in which to file a lawsuit. TERM 18
Forum Shopping
DEFINITION 18 Seeking to file the lawsuit in the most advantageous court. TERM 19
Actual/Compensatory Damages
DEFINITION 19 Include past and future out of pocket expenses such as medical bills and lost wages. TERM 20
Injunction
DEFINITION 20 A court order commanding or prohibiting the performance of certain acts. eg people were injunctioned to stop picketing a business because they were slandering the company name under false statements.
Default Judgement
a binding judgment in favor of either party based on some failure to take action by the other party. TERM 22
Answer
DEFINITION 22 A response to every part of the plaintiff's suit that the defendant makes in defending him/herself TERM 23
Discovery
DEFINITION 23 The formal procedure for providing litigants' with access to information prior to the trial to avoid suprise tactics. TERM 24
Deposition
DEFINITION 24 Allow for a witness to be asked questions under oath in the presence of a court reporter. TERM 25
Attorney-Client Privilege
DEFINITION 25 a legal concept that protects certain communications between a client and his or her attorney and keeps those communications confidential.
Writ of Garnishment
A court order that directs a third party such as an employer to set aside funds so that they be dispurse to the plaintiff. TERM 32
Concurring Opinion
DEFINITION 32 a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different reasons as the basis for his or her decision. TERM 33
Harmless Error
DEFINITION 33 a ruling by a trial judge that, although mistaken, does not meet the burden for a losing party to reverse the original decision of the trier of fact on appeal, or to warrant a new trial. TERM 34
Alternatative Dispute
Resolution
DEFINITION 34 A quicker, less formal, and less expensive way to deal with disputes instead of trial. TERM 35
Bind Arbitration
DEFINITION 35 Voids the right to a trial by judge or jury.
Release
A formal written agreement when both parties agree to settle a dispute. TERM 37
Defendant
DEFINITION 37 Person being sued. TERM 38
Concurrent Jurisdiction
DEFINITION 38 When jurisdiction and venue are proper in multiple courts. TERM 39
Prayer for Relief
DEFINITION 39 When a plaintiff requests one or more remedies from court. TERM 40
Motion
DEFINITION 40 A request to a judge for relief that is made with a lawsuit is ongoing.
Motion for Summary Judgement
Avoid unecessary trials by trying to prove that the trial shouldn't exit. TERM 47
Bench Trial
DEFINITION 47 A trial conducted by a judge without a jury. TERM 48
Law
DEFINITION 48 a system of rules and guidelines which are enforced through social institutions to govern behavior. TERM 49
Constitution
DEFINITION 49 a set of fundamental principles or established precedents according to which a state or other organization is governed. TERM 50
Statutory Law
DEFINITION 50 written law set down by a legislature or by a legislator. Legislation begins witha member of the legislative chamber introducing a bill and then proceeds through the various steps in the legilative process.
Administrative
Regulations
Third lowest rung of law, adopted by government agencies with the authority to impact personal and business lives. TERM 52
Common Law
DEFINITION 52 law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action. TERM 53
Jurisdiction
DEFINITION 53 the practical authority granted to a formally constituted legal body, the power of the court or authority of a court to decide a given case. TERM 54
Personal Jurisdiction
DEFINITION 54 power over a given individual, as opposed to subject matter jurisdiction. TERM 55
Subject Matter Jurisdiction
DEFINITION 55 the authority of a court to hear cases of a particular type or cases relating to a specific subject matter.
Primary Sources of Law
Constitution, statutes, agency regulations, and court decisions. Resources for legal research. TERM 62
Secondary Sources of Law
DEFINITION 62 Background resources. They do not have the power to affect legal rights.
