Discovery: A stage in civil proceedings in which each party gathers information about the matter from the other party. It may also refer to actual information gathered during this process, including copies of documents, written answers to questions, or statements. Suit – A lawsuit brought by a plaintiff against a defendant based on a claim that the defendant failed to comply with a legal obligation, causing harm to the plaintiff. Case law – The study of the law and the structure of the legal system. Record – A written report of all actions and proceedings in a dispute. Civil case: A lawsuit in which a plaintiff seeks some kind of remedy from a defendant. Affidavit – A written statement of facts confirmed by the oath of the party who made it. Affidavits must be notarized or administered by a court officer with that authority. Jurisdiction: The legal authority of a court to hear and decide a particular type of case. It is also used as a synonym for jurisdiction, i.e.
the geographical area over which the court has territorial jurisdiction to rule on cases. Complaint – The first formal action to file a lawsuit and initiate a civil proceeding is a written document that the plaintiff has filed with the courts as part of the oral argument, which contains claims and allegations that must receive a «response» from the defense. The complaint also describes the specific damages the plaintiff t.co/mJ18F1GGBidemanded to restore justice and sets the tone for the issues at stake and the issues at stake in the case. Pleading – A formal written order of the court requiring the performance of a specific act. Response – The formal written statement of a defendant responding to a civil action and setting out the reasons for the defence. Expert opinion – A written statement by a judge about a court decision. In an appeal, several opinions can be written. The decision of the court emanates from the majority of the judges and forms the majority opinion. A dissenting opinion disagrees with the majority because of the reasoning and/or legal principles on which the decision is based. A concurring opinion agrees with the Court`s final result, but offers further comments, perhaps because they disagree with how the court reached its conclusion.
Affidavit: A written or printed affidavit. Questioning: A written question from one party to another party that is asked as part of the discovery. In civil law, a «response» is the first formal response of the defense to a claim filed by the plaintiff in court. This introductory written statement will admit or deny the allegations or require more information about the allegations of misconduct. Arrest warrant – A written order ordering the arrest of a party. Arrest warrants are issued by a judge after a probable reason has been proven. n. in law, a written pleading filed by a defendant in response to a claim in an application filed and served on that defendant. A response generally responds to any claim contained in the complaint by denying or admitting it or admitting it in part and denying it in part. The response may also include «positive defenses,» including allegations that contradict the complaint or contain legal theories (such as «dirty hands,» «contributory negligence,» or «anticipated harm») designed to derail the allegations in the complaint. Sometimes the answer is in the form of a «general denial» that denies everything.
The response must be typed, comply with certain rules of procedure provided by law and the court, and must be submitted to the court and served on the defendant within a certain legal period (e.g. 20 or 30 days after service of the application). If the complaint is verified as perjury, the response must also be verified. There are fairly high filing fees for each defendant who files a response. In short, when a complaint is filed, consult a lawyer as soon as possible to avoid a default judgment. She contacted her lawyer and together they filed a formal written complaint with the courts outlining the allegations against the truck driver and the insurance company, as well as the compensation they were seeking. The trucker`s lawyer filed a response with the courts, denying any wrongdoing in each of the allegations and requesting more information before proceeding. A response, particularly in California, may be written, filed, and served when a party files a motion or application for injunctive relief, the party that does not move submits a statement in response, and the requesting party wishes to file a legal document that specifically «responds» to the statement in response. (leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CCP&division=&title=14.&part=2.&chapter=4.&article=). The glossary of legal terms defines more than 100 of the most common legal terms in easy-to-understand language. The terms are listed in alphabetical order and are best accessed if you select a letter here: Courts and lawyers often use terms that have a special meaning in the legal environment. Simple definitions of some of the most common terms are below.
You can find more information on various websites such as www.uscourts.gov or by consulting a legal dictionary. This back-and-forth of written exchange sets the case in motion and the process of discovering all the evidence, known as the discovery phase, begins now. Common Law – The legal system that originated in England and is now used in the United States. It is based on judicial decisions and not on laws passed by the legislature. habeas corpus – A brief often used to bring a prisoner to court to determine the lawfulness of his detention. A detainee who wishes to argue that there are insufficient grounds for detention would file an application for habeas corpus. It can also be used to detain a person in court in order to testify or be prosecuted. Letter: A written statement to the court explaining a party`s factual and legal arguments in support of an application.
If a plaintiff decides to take legal action by filing a claim in court against another party, the response to a complaint of the defendants must be written and presented to the courts in a very specific way. Pleadings: Written pleadings filed with the court that describe a party`s legal or factual allegations about the case. Procedural documents may contain a complaint, a reply, a request or written observations. In law, a response to a defendant`s first formal written statement refers to a plaintiff`s first claim or complaint. This introductory written statement will admit or deny the allegations or require more information about the allegations of misconduct. Most commonly, a response includes the defendant`s counterclaims (allegations or claims against the plaintiff) and/or positive defenses (legal defenses that may derail the plaintiff`s claim). The response is a legal document prepared by a Party that explicitly responds to a statement in response and, in some cases, to a response. A reply may be written if a party or party who does not seek redress from the court makes a counterclaim or if the court has ordered a response.
Text order only: An order made by a judge that appears only in the record and is not accompanied by a lengthy formal written order. These orders are usually short and for minor matters. In Alabama`s Middle District, a case with a pro-se party will typically not have text-only commands. Factum – A written statement submitted by each party`s lawyer in a case explaining to the judge(s) why they should decide the case (or a specific part of a case) in favour of that lawyer`s client. Response: Representations by a claimant following the other party`s response to a claim. If an application is made, the applicant may file a supporting pleading. The other party may submit a response. The person authorized to travel can then respond.
The court then decides on the application. Advocacy – The first stage of litigation begins with plea, in which the plaintiff is invited to file a written complaint and the defense submits its written «response» to that complaint. The defense may also file a counterclaim to prove how it was also harmed by the plaintiff and what damages it is seeking. Transit Slip: A short written chronological list of what happened in a case kept by the court registry. Response: A document that a respondent submits in response to a plaintiff`s complaint. Court – A governmental body empowered to settle disputes. Judges sometimes use the term «court» to refer to themselves in the third person, as in «the court read the pleadings.» Complaint: A written statement by the plaintiff inviting him or her to bring an action. In this document, the applicant outlines his case and explains what he would like. Bail – security for the release of an accused or witness in pre-trial detention (usually in the form of money) to ensure his or her appearance on the agreed day and time.