| 12(b)(6) motion | A motion under the provisions of Rule 12 of the Rules of Civil Procedure that challenges the basis of the complaint for failure to state a claim upon which relief can be granted.
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| admissibility | A ruling on whether the jury will be allowed to view proffered evidence.
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| admit | To agree or stipulate to the allegations presented in a complaint.
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| affidavit | A sworn statement.
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| affirm | Disposition in which the appellate court agrees with the trial court.
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| affirmative defense | An "excuse" by the opposing party that does not just simply negate the allegation, but puts forth a legal reason to avoid enforcement. These defenses are waived if not pleaded.
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| answer | The defendant's response to the plaintiff 's complaint.
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| appellant | The party filing the appeal; that is, bringing the case to the appeals court.
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| appellee | The prevailing party in the lower court, who will respond to the appellant's argument.
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| appraisal | The evaluation by an expert of the cash value of a contested item.
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| arbitration | Alternative dispute resolution method mediated or supervised by a neutral third party who imposes a recommendation for resolution, after hearing evidence from both parties and the parties participated in reaching, that is fully enforceable and treated in the courts the same as a judicial order.
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| associate attorney | An attorney who is an employee of an attorney partnership.
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| attorney–client privilege | The legal relationship established between attorney and client allowing for free exchange of information without fear of disclosure.
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| authentication | Proof by an officer, witness, or certifying document that evidence is what it is claimed to be.
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| bad faith | Intentional misrepresentation, wanton disregard for truth, fraudulent activity that can be the basis for an additional award of damages to the party that can establish such activity occurred.
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| bar examination | A test administered to graduates from approved law schools that determines the applicant's knowledge of the law and suitability to practice in the state.
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| beyond a reasonable doubt | The requirement for the level of proof in a criminal matter in order to convict or find the defendant guilty. It is a substantially higher and more-difficult-to-prove criminal matter standard.
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| burden of proof | Standard for assessing the weight of the evidence.
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| calendar call | A mandatory court hearing in which the judge inquires about the readiness of the parties to go to trial; also known as a docket call.
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| caption | The full name of the case, together with the docket number, court, and date of the decision.
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| case evaluation | The process of investigating the facts, issues, and legal implications of a proposed lawsuit before it is ever filed.
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| case law | Published court opinions of federal and state appellate courts; judge-created law in deciding cases, set forth in court opinions.
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| cause of action | A personal, financial or other injury for which the law gives a person the right to receive compensation.
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| certificate of service | Verification by attorney that pleadings or court documents were sent to the opposing counsel in a case.
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| certification | The recognition of the attainment of a degree of academic and practical knowledge by a professional.
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| certiorari | (Cert) (Latin) "To make sure." An appellate court's authority to decide which cases it will hear on appeal.
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| challenge | An attorney's objection, during voir dire, to the inclusion of a specific person on the jury.
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| circumstantial evidence | Evidence that suggests a conclusion.
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| class action | A lawsuit involving a large group of plaintiffs who have been certified by a court as having mutual interests, common claims, and a representative plaintiff who will pursue the action on the basis of the entire group.
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| clear and convincing evidence | Having a high probability of truthfulness, a higher standard being preponderance of the evidence.
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| clerk | A government official responsible for maintaining public records.
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| collateral source rule | A rule of evidence that prohibits the jury from being informed about the plaintiff 's other sources of compensation, such as insurance, worker's compensation, and so forth.
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| commingling | A term for mixing a client's funds with the attorney's personal funds without permission; an ethical violation.
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| common law | Judge-made law, the ruling in a judicial opinion.
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| compensatory damages | A payment to make up for a wrong committed and return the nonbreaching party to a position where the effect or the breach has been neutralized.
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| complaint | Document that states the allegations and the legal basis of the plaintiff 's claims.
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| compulsory counterclaim | A counterclaim that is required to be pleaded because the facts relate to the same transaction as that set forth in the original complaint.
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| concurrent jurisdiction | Jurisdiction over the subject matter exists in both state and federal court, unless statutorily prohibited.
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| conflict letter | A letter sent by an attorney to the judge explaining that the attorney has several different appearances scheduled for the same date and detailing which courts the attorney will go to first.
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| contingency fee | The attorney's fee calculated as a percentage of the final award in a civil case.
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| counterclaim | A claim made by the defendant against the plaintiff—not a defense, but a new claim for damages, as if the defendant were the plaintiff in a separate suit; a countersuit brought by the defendant against the plaintiff.
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| court reporter | Individual who transcribes the court proceedings and certifies their authenticity.
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| cross-claim lawsuit | A lawsuit against a party of the same side; plaintiffs or defendants suing each other (defendant versus defendant or plaintiff versus plaintiff).
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| cross-examination | Occurs when the opposing attorney asks the witness questions.
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| damages | Money paid to compensate for loss or injury.
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| declaratory judgment | The court's determination of the rights and responsibilities of a party with respect to the subject matter of the controversy.
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| default judgment | A judgment entered by the court against the defendant for failure to respond to the plaintiff 's complaint.
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| defendant | The party against whom a lawsuit is brought.
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| demonstrative evidence | Any object, visual aid, model, scale drawing, or other exhibit designed to help clarify points in the trial.
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| deny | To disagree with or contest the allegations presented in a complaint.
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| deponent | The party or witness who is questioned during a deposition.
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| deposition | A discovery tool in a question-and-answer format in which the attorney verbally questions a party or a witness under oath.
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| deposition digest | A summary of deposition testimony of a witness.
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| dispositive motion | A motion that terminates some or all of the pending issues in a case.
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| direct evidence | Evidence that establishes a particular fact without resort to other testimony or evidence.
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| direct examination | Occurs when the attorney questions his or her own witness.
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| disbarment | Temporary suspension or permanent revocation of an individual's license to practice law.
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| discovery | The pretrial investigation process authorized and governed by the Rules of Civil Procedure; the process of investigation and collection of evidence by litigants; process in which the opposing parties obtain information about the case from each other; the process of investigation and collection of evidence by litigants.
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| domicile | The place where a person maintains a physical residence with the intent to permanently remain in that place; citizenship; the permanent home of the party.
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| equity | The doctrine of fairness and justice; the process of making things balance or be equal between parties.
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| evidence | Any fact, testimony, or physical object that tends to prove or disprove allegations raised in a case; must be reasonably calculated to lead to the discovery of admissible evidence.
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| exclusive jurisdiction | Only one court has the authority to hear the specific case; for example, only a federal court can decide a bankruptcy case.
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| excited utterance | An exception to the hearsay rule that allows a statement made spontaneously after a shocking event to be admissible at trial.
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| exhibit | A document attached to a pleading that is incorporated by reference into the body of the pleading.
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| fair market value | The amount that a willing buyer would pay for an item that a willing seller would accept.
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| forum | The proper legal site or location.
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| general damages | Those that normally would be anticipated in a similar action.
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| general jurisdiction | The court is empowered to hear any civil or criminal case.
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| guilty | A verdict only available in criminal cases in which the jury determines that the defendant is responsible for committing a crime.
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| hearsay | An out-of-court statement offered to prove a matter in contention in the lawsuit.
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| impasse | The declaration by the mediator that the parties are unable to reach an agreement.
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| impleader | The involuntary addition of a new party to the litigation; a party without whom all issues raised in the case could not be resolved.
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| in rem jurisdiction | A court's authority over claims affecting property.
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| initial client meeting | The first meeting with a prospective client in which information will be gathered, additional information requested, and the attorney–client relationship formed.
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| injunction | A court order that requires a party to refrain from acting in a certain way to prevent harm to the requesting party.
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| interpleader | The deposit of contested funds with the court, followed by the removal of the filing party from other action in the suit.
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| interrogatory | A discovery tool in the form of a series of written questions that are answered by the party in writing, to be answered under oath.
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| intervention | The voluntary insertion of a third party into a pending civil action, often to resolve issues directly related to the third party's interests.
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| JNOV (judgment notwithstanding the verdict) | Asks the judge to reverse the jury verdict based on the inadequacy of the evidence presented to support the law and the verdict.
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| judge | Trier of law.
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| judgment | The court's final decision regarding the rights and claims of the parties.
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| judgment on the pleadings | A motion that alleges that if all of the allegations raised in the pleadings are true and correct, the movant would still be entitled to a ruling in his favor and a dismissal of the opposition's pleadings.
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| judicial notice | A request that a court accept evidence as fact without the necessity of further proof.
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| jurisdiction | The power or authority of the court to hear a particular classification of case.
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| jurors | Those people who have been selected to sit on a jury; they will consider the evidence and reach a verdict in the case.
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| jury charge | Directions for the jury regarding what law applies and how it applies to the facts of a case; also known as points of charge.
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| jury strike | The removal of a jury panel member, also known as a jury challenge.
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| lay the foundation | The presentation of sufficient background material to establish the relevancy and competency of a particular piece of evidence.
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| legal document assistant | A specialized type of paralegal, legally able to provide assistance to clients in preparing forms.
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| legal secretary | A secretary trained to perform specialized tasks directly related to the practice of law.
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| liability | A jury's determination that one party is responsible for injuries to another party; the basis for an award of damages.
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| licensure | The requirement of governmental approval before a person can practice a specific profession.
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| limited jurisdiction | The court is empowered to hear only specified types of cases.
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| loss of consortium | A claim filed by the plaintiff 's spouse for the loss of companionship in the marriage caused by the injuries.
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| material fact | A fact that is essential to the case and its holding; a fact that, if different, might alter the entire outcome of the case.
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| marital privilege | An evidentiary protection that permits married individuals to refuse to testify against one another.
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| mediation | The process of submitting a claim to a neutral third party who then makes a determination about the ultimate liability and award in a civil case.
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| medical authorization | A form, signed by the client, that allows the legal team to review and obtain copies of the client's medical records.
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| mitigation of damages | The obligation to offset or otherwise engage in curative measures to stop accrual of unreasonable economic damages; that is, to minimize the damage incurred through affirmative actions.
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| motion | A procedural request or application presented by the attorney in court.
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| motion for directed verdict | A request by a party for a judgment because the other side has not met its burden of proof.
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| motion for more definite statement | A request by a defendant for additional specificity of plaintiff 's complaint.
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| motion for new trial | Post-trial relief that requests a new trial on the same issues for specific reasons that must be clearly explained and argued in the motion.
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| motion for summary judgment | A motion by either party for judgment based on all court documents.
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| motion in limine | A request that certain evidence not be raised at trial, as it is arguably prejudicial, irrelevant, or legally inadmissible evidence.
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| notice of appeal | Puts the trial court, the appeals court, and the opposing party on notice that the judgment entered is challenged.
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| ordinance | A law passed by a local government, such as a town council or city government.
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| overrule | A judge's ruling in disagreement with the party who raised the objection.
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| panel | A group of people who have been called for jury duty; the final jury will be selected from this group; also known as venire.
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| paralegal | A person qualified to assist an attorney, under direct supervision, in all substantive legal matters with the exception of appearing in court and rendering legal advice.
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| partners | Attorneys who own the law firm and split the profits and losses.
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| partnership | Business enterprise owned by more than one person, entered into for profit.
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| partnership agreement | The contract between the partners that creates duties, establishes responsibilities, and details benefits of the attorneys involved in the partnership.
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| per diem | (Latin) "by the day" or daily.
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| peremptory jury strike | An attorney's elimination of a prospective juror without giving a reason; limited to a specific number of strikes.
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| permissive counterclaim | A counterclaim that is not required to be filed with a complaint because the facts do not arise out of the same set of circumstances as the complaint.
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| personal jurisdiction | A court's power over the individuals involved in the case; when a court has personal jurisdiction, it can compel attendance at court hearings and enter judgments against the parties.
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| plaintiff | The party initiating legal action.
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| preponderance of the evidence | The weight or level of persuasion of evidence needed to find the defendant liable as alleged by the plaintiff in a civil matter.
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| pretrial conference | The meeting between the parties and the judge to identify legal issues, stipulate to uncontested matters, and encourage settlement.
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| pretrial order | An order, prepared by the trial judge with the input of the parties, that summarizes key issues in the case, including witness order, evidence, and other critical concerns.
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| prima facie | (Latin) "At first sight." A case with the required proof of elements in a tort cause of action; the elements of the plaintiff 's (or prosecutor's) cause of action; what the plaintiff must prove; accepted on its face, but not indisputable.
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| private reprimand | The minimum censure for an attorney who commits an ethical violation; the attorney is informed privately about a potential violation, but no official entry is made.
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| privilege | Reasonable expectation of privacy and confidentiality for communications in furtherance of the relationship such as attorney–client, doctor–patient, husband–wife, psychotherapist– patient, and priest–penitent.
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| probate court | The court empowered to settle estates for those individuals who have died with or without a will.
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| process server | A person statutorily authorized to serve legal documents such as complaints.
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| professional corporation | Business form organized as a closely held group of professional intellectual employees such as doctors.
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| province of the jury | An issue that is exclusively the responsibility of the jury to determine.
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| public reprimand | A published censure of an attorney for an ethical violation.
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| punitive damages | An amount of money awarded to a non-breaching party that is not based on the actual losses incurred by that party, but as a punishment to the breaching party for the commission of an intentional wrong.
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| record | Documentation of the trial court, including pleadings, physical evidence, transcript, and decision of the trial court.
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| release | A discharge from the parties' performance obligations that acknowledges the dispute but forgoes contractual remedies.
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| relevance | Reasonably related or associated with the ultimate facts and legal theories.
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| remand | Disposition in which the appellate court sends the case back to the lower court for further action.
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| removal | Moving a case from the state court to the federal court system.
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| reply | The responsive pleading provided in Rule 7 to a counterclaim.
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| request to admit | A document that provides the drafter with the opportunity to conclusively establish selected facts prior to trial.
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| request to produce | A discovery device that requests the production of certain items, such as photographs, papers, reports, and physical evidence; must specify the document sought.
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| res judicata | (Latin) "The thing has been adjudicated." The principle that a court's decision on a particular matter is binding on future litigation between the parties; sometimes referred to as "res adjudicata."
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| reverse | Disposition in which the appellate court disagrees with the trial court.
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| Rule 11 | One of the major rules under the Rules of Civil Procedure; it requires an attorney to investigate an action before bringing it.
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| self-authenticating document | A document that is authorized by statute and that can be used without additional offer of proof.
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| settlement | A negotiated termination of a case prior to a trial or jury verdict.
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| skip tracing | A general term for tracking a person who has absconded or is attempting to avoid legal process.
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| special appearance | A term describing a defendant's contest of jurisdiction; the defendant enters the court for the limited purpose of contesting the case, but does not submit to the court's jurisdiction for other purposes .
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| special damages | Those damages incurred beyond and in addition to the general damages suffered and expected in similar cases.
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| standing | Legally sufficient reason and right to object.
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| stare decisis | (Latin) "Stand by the decision." Decisions from a court with substantially the same set of facts should be followed by that court and all lower courts under it; the judicial process of adhering to prior case decisions; the doctrine of precedent whereby once a court has decided a specific issue one way in the past, it and other courts in the same jurisdiction are obligated to follow that earlier decision in deciding cases with similar issues in the future.
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| state bar | The organization that licenses and oversees the practice of law and the conduct of attorneys in the state. An attorney must be a member of the state bar before he or she will be allowed to practice in that state.
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| statute | Written law enacted by the legislative branches of both federal and state governments.
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| statute of limitations | Establishes the applicable time limits for filing and responding to certain claims or legal actions.
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| stipulation | An agreement between attorneys and parties in a case about a procedural or factual issue.
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| style | Also known as caption; the heading or title used in all legal pleadings.
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| subject matter jurisdiction | A court's authority over the res, the subject of the case.
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| submission | The agreement to arbitrate a specific matter or issue raised between the parties.
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| subpoena duces tecum | A type of subpoena that requests a witness to produce documents .
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| subrogation | The right to sue in the name of another.
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| sustain | A judge's ruling in agreement with the party who raised the objection.
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| tendering | The process of admitting evidence in a trial by asking the court to rule on relevance.
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| temporary restraining order | A court order barring a person from harassing or harming another.
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| temporary suspension | A punishment for an ethical violation; an attorney is temporarily prohibited from practicing law or representing clients .
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| testimonial evidence | Oral statements made by a witness under oath.
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| umpire | A person with greater authority than an arbitrator; this person has the authority to make a final and binding decision when an arbitrator has been unable to do so.
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| unauthorized practice of law | Practicing law without proper authorization to do so.
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| unlimited liability | A finding that a business owner's personal assets may be used to satisfy a judgment against the business.
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| verification | Acknowledgment by a party of the truthfulness of the information contained within a document.
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| voir dire | The process of selecting a jury for trial.
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| witness locator service | A company that provides information about a witness's former addresses, telephone numbers, employment, and current location.
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| work product | An attorney's written notes, impressions, charts, diagrams, and other material used by him or her to prepare strategy and tactics for trial.
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