Chapter 4 Legal Terminology

§4.2 Civil Terminology estate civil law courtliabledamagesdoctrine joint and several liability retainerappearance attorney of record venue diversity of citizenship plaintiff statute of limitations summonscomplaint parties cause of action information and belief defendant ad damnum clause codefendants pleading allegation jury trial service or served service of process personal service process server affidavit affiant attest notary public jurisdiction in personam jurisdiction in rem jurisdiction quasi in rem jurisdiction lis pendens lien defendant rules of court answer affirmative defense counterclaim cross claim reply default judgment motion litigation contest discovery 1. interrogatories 2. request for admissions 3. request for production 4. request for mental or physical examination 5. depositions certificate of mailing order hearing privilege ex parte hearing third-party defendant motion to dismiss dismissal with prejudice dismissal without prejudice

trial brief motion for summary judgment magistrate pretrial conference stipulation settlement at issue or in issue evidence direct evidence circumstantial evidence oral evidence physical evidence admissible set for trial docket jury jury panel voir dire (for the jury) challenge for cause peremptory challenge bailiff alternate juror opening statement burden of proof preponderance of the evidence rule on witnesses subpoena subpoena duces tecum objection bench conference prejudicial probative value preserving the record sustain competency examination direct examination cross-examination re-direct examination re-cross examination proximate cause negligence excuse the jury grounds relevant to strike from the record clerk of court exhibit introduction of evidence resting a case move motion for directed verdict adjourn prima facie case take under advisement qualify voir dire (of witnesses) expert witness closing argument deliberations jury instructions verdict foreperson (foreman or forewoman) motion for judgment NOV (notwithstanding the verdict) judgment additur remittitur motion for new trial appeal waive appeal as a matter of right stay notice of appeal bond on appeal

res judicata to bar appellant or petitioner appellee or respondent record transcript appellate brief points of error response brief oral argument panel of justices en banc opinion majority opinion affirm reverse modify remand concurring opinion dissenting opinion petition rehearing petition for a writ of certiorari

criminal law prosecution government or state warrant initial appearance misdemeanor felony bail bail bond personal recognizance assigned counsel counsel nolle prosequi district attorney plead plea bargain nolo contendere (or no contest) preliminary hearing probable cause bound over grand jury indictment arraignment beyond a reasonable doubt acquit adverse judgment double jeopardy §4.3 Criminal Terminology