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BLS chapter 4
Terms in this set (45)
The party who files a civil action
The party sued
When the defendant wants to sue the plaintiff
The party involved in litigation who files a counterclaim. This party is the original defendant who is making a claim against the original plaintiff.
The party involved in litigation against whom a counterclaim is filed. This party is the original plaintiff.
third party defendant
parties brought in by the defendant to complete the determination of a controversy
Standing to sue
the requirement that plaintiffs have a serious interest in a case, which depends on whether they have sustained or are likely to sustain a direct and substantial injury from a party or an action of government
the power of a court to force a person to appear before it
A notice to appear in court
long arm statute
A state statute that permits a state to exercise jurisdiction over nonresident defendants.
A legal process whereby an alleged criminal offender is surrendered by the officials of one state to officials of the state in which the crime is alleged to have been committed.
The legal documents that are filed with a court to begin the litigation process
the plaintiff's reasons for proceeding in a civil action.
written pleading by which a defendant responds to the plaintiff's complaint
the failure of a defendant to answer a plaintiff's complaint within the time period allowed by the court. Upon the defendant's default, a judgement is entered in the plaintiff's favor
Procedures by which one party to a lawsuit may obtain information relevant to the case from the other party or from third persons.
A series of written questions for which written answers are prepared by a party to a lawsuit, usually with the assistance of the party's attorney, and then signed under oath.
request for production of documents
discovery tool for uncovering paper evidence in a case
Oral questions asked of parties and witnesses under oath.
Request for admission
a request to an opposing party requesting admission by the party to certain facts related to the lawsuit.
The parties can seek a pretrial determination of their rights by filing this
Statute of Limitations
A federal or state statute setting the maximum time period during which a certain action can be brought or certain rights enforced.
Judgement on the pleadings
a final ruling in favor of one party by the judge based on the pleadings
A ruling by the court that no trial is necessary because some essential facts are not in dispute
sworn statements by parties or witnesses
Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge.
the right to excuse a juror for virtually any reason
a ruling that the plaintiff has entirely failed to prove some aspect of her case
judge gives the jury the particular rules of law that apply to the case
Burden of proof
the obligation facing a persuasive speaker to prove that a change from current policy is necessary
Beyond a reasonable doubt
The level of proof required to convict a person of a crime
Preponderance of evidence
The standard of proof in a civil case in which a judge or jury must believe the plaintiff's story and evidence is stronger than the defendant's version.
Clear and convincing proof
A burden of proof that requires the party with the burden to establish clearly the existence of the alleged facts. This burden requires more proof than merely having a preponderance of evidence on one's side.
the decision a jury makes in a trial; the decision said by the jury
When the judge agrees with the verdict
Judgement notwithstanding the verdict
the decision of a court that sets aside the verdict of a jury and reaches the opposite result
having the power to hear appeals and to reverse lower court decisions
The party opposing an appeal from a lower court to an appellate court.
In equity practice, a party that initiates a lawsuit.
In equity practice, the party who answers a bill or other proceeding.
A written statement by an attorney that summarizes a case and the laws and rulings that support it
stage in Supreme Court procedure in which attorneys for both sides appear before the Court to present their positions and answer questions posed by justices
the carrying out or completion of some task
having a portion of the debtor's wages paid to the court, which in turn pays the creditor
"the thing has been decided"
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