Appendix A

Glossary of Important Legal Terms: A Mini Legal Dictionary

As you read through this book, you probably see some terms that look like stirred-up alphabet soup. That’s because the language of the law in the United States incorporates lots of Latin terms and uses some common expressions to mean uncommon things. This glossary is here to help you sort through some of the definitions you need to know to make sense of the work you do as a paralegal.

If you don’t find the word you’re looking for in this list, consult a legal dictionary such as Webster’s New World Law Dictionary Online www.yourdictionary.com/about/websters-new-world-law-dictionary.html); Black’s Law Dictionary Online (https://thelawdictionary.org/).

acquittal:

A finding of not guilty, an absolution of guilt, or a jury verdict of not guilty in a criminal action.

action:

A lawsuit brought in court.

ad damnum clause:

See prayer for relief.

additur:

An amount of money conferred by the judge in addition to the damage award provided by the jury. The judge grants a new trial unless the losing party agrees to add a certain amount to the damage award. See also remittitur.

ad hoc:

For a specific purpose. An ad hoc committee organizes to achieve a particular goal and then disbands.

adjourn:

To end or postpone to a later time.

administrative agency:

An agency of the executive branch of government whose duty is to carry out statutes and executive orders and that is responsible for the control, supervision, and regulation of specific activities. In many cases, paralegals may represent clients at administrative-agency hearings under the authority of the Administrative Procedure Act, 5 U.S.C. section 555 (1967).

administrative regulation:

A regulation that binds agencies and the public in certain areas. It consists of administrative agency rules designed to explain and carry out the statutes and executive orders that govern the agency.

admissible evidence:

Evidence that has been declared admissible by the judge for usage in an action. The evidence is admitted for consideration by the judge or jury as to its truth or falsity.

admission:

An out-of-court statement made by a party to the litigation that is inconsistent with the position the party is adopting in the litigation. An admission by a party-opponent is not considered to be hearsay, which makes these statements admissible. For example, let’s say Jacob sues Samantha for injuries that he sustained when the car Samantha was driving hit him while he was crossing the street. At the time of the accident, Samantha admitted to Jacob that she sped up to beat the red stoplight and didn’t see him in the crosswalk. At trial, Samantha alleges that she saw Jacob in the crosswalk but could not stop because her brakes failed. Samantha’s prior admission to Jacob that she sped up and didn’t see him would be admissible because a party-opponent, Samantha, made the admission.

admission and denial:

After the defendant reads the facts that the plaintiff alleges to be true in the complaint, the defendant prepares and files an answer in which he or she may decide to admit the truth of some of the facts and deny the truth of others. When in doubt, the defendant often states that he or she “is without sufficient information to admit or deny the allegation and therefore denies same.” The admission and denial is the most critical portion of the defendant’s answer to the plaintiff’s complaint.

adversarial hearing:

A hearing where both parties are present to argue their respective positions. The hearing gives both sides in the controversy a chance to be heard. The adversarial system places the burden of proving or disproving legal arguments on the parties to the litigation rather than on the judge.

adverse judgment:

A judgment or decision against the party that you and your attorney represent.

affiant:

A person who swears or affirms under penalty of perjury to the truthfulness of a written statement. The person who signs an affidavit.

affidavit:

A written statement of fact in which the affiant swears under penalty of perjury that the written statement is true. Those who don’t swear under oath affirm the statement rather than swear to it.

affidavit of service:

A written statement sworn to by the affiant, saying that a party has been served with papers and stating the time and place details of the service. This document is usually notarized and returned to the court after service has been effectuated.

affirm:

To uphold or establish.

affirmative defense:

A new factual allegation by the defendant not contained in the plaintiff’s allegations. An affirmative defense is usually contained in the defendant’s answer to the plaintiff’s complaint. Common examples of affirmative defenses are contributory negligence and assumption of the risk. The affirmative defenses for federal proceedings are found in Rule 8(c) of the Federal Rules of Civil Procedure.

allegation:

An assertion, representation, or averment. A statement of fact that the party intends to prove.

alternate:

An extra juror who sits with the regular jurors and who may take the place of a regular juror if one becomes biased or otherwise incapacitated during the trial.

answer:

The pleading filed by the defendant responding to or answering the allegations of the plaintiff’s complaint. May also contain the defendant’s affirmative defenses, cross claims, and counterclaims.

appeal:

An application to a higher court to correct or modify the judgment of a lower court.

appeal as a matter of right:

An appeal for which an appellate court has no discretion as to whether to hear the appeal and is thus required to review the decision below, as in capital punishment cases.

appearance:

When a party appears in court as a party to a suit, whether as plaintiff or defendant, or when that party files a document called a notice of appearance. In general, entering an appearance voluntarily submits a party to the court’s jurisdiction. In a special appearance, the party enters the court only to object to the court’s attempted exercise of jurisdiction over that party.

appellant:

The party initiating an appeal. Usually, the losing party in the lower-court decision becomes the appellant before the appellate court.

appellate brief:

A written argument presented to the appeals court by the appellant indicating the issues on appeal and the appellant’s positions on the claimed errors and improprieties that occurred during the trial. Alleged trial-court errors about how the lower court interpreted and applied the law provide the bases for the appeal.

appellate court:

A higher court within the same judicial system as the trial court that hears the appeal from the trial court. Appellate courts are traditionally supreme courts and courts of appeals.

appellate jurisdiction:

The power of a superior, appellate court to review and modify the decision made by an inferior, trial court.

appellate review:

A judicial reconsideration of the proceedings of a court or other body. The appellate court examines or reviews the record of a lower court concentrating upon errors of law and errors in procedure that may have been made by the lower court.

appellee:

The party against whom the appeal is brought. Usually, the victorious party in the trial court action.

arbitration:

The submission of a controversy to the judgment of another whose decision may then be binding on both parties. One of many alternatives to litigation.

arraignment:

A court proceeding in which the defendant is advised of the charges and is required to enter a plea admitting or denying the offenses.

arrest:

The seizing of a person and the detaining of that person in custody by lawful authority.

assigned counsel:

The attorney appointed to represent an indigent defendant in a criminal action. Most states and counties have indigency standards based upon a party’s income, assets, and liabilities.

at issue:

See in issue.

attorney of record:

The attorney who has filed a notice of appearance and who is consequently mentioned in the court records.

attorney work product:

Material collected and prepared for a case by counsel that is not subject to disclosure through discovery by opposing counsel. Examples of material that is generally protected by the attorney work product rule include correspondence between the attorney and client, interoffice legal research memos, and the trial notebook.

attorney-client privilege:

The privilege of a client to refuse to disclose any confidential communication made with his or her attorney that relates to legal services. Also, the attorney can’t disclose the communication without the permission of the client.

authentication:

An attestation made by the proper officer certifying that a record is in due form of law and that the person who certifies it is the officer appointed to do so.

bail:

The property or sum of money deposited with the clerk of court to insure that the defendant will reappear in court at future designated times. The bail is generally returned to the defendant if the defendant satisfies its conditions.

bar:

An organization responsible for promulgating rules regarding attorneys, as in the American Bar Association. Attorneys collectively are called the bar.

below:

Term used to refer to the court below the appellate court.

bench:

Term used to refer to judges collectively or the actual place where the judge or judges sit in a court.

bench conference:

A discussion between the judge and the attorneys held at the bench so that the jury can’t hear what’s being discussed. Usually the conference is held off the record and concerns the admissibility of evidence.

best evidence rule:

A rule applied to documents introduced as evidence at trial that states that the original document should be produced unless it’s shown to be unavailable for some reason other than the fault of the proponent of that evidence. For example, in an action for a breach of an apartment lease, the original lease must be produced to avoid speculation that the evidence could have been altered.

beyond a reasonable doubt:

The degree of proof required of the state in a criminal prosecution. It is considered to be fair doubt and not imaginable doubt, and it is usually measured by 100 percent agreement on the part of the jury.

bias:

The potential for a judge, juror, or party to make unfair judgments because of prior knowledge or involvement in the matters of the case.

bill of particulars:

A formal motion or request made to a party requesting greater factual detail about some aspect of the pleadings. It’s designed to assist the defendant in preparing an answer to the complaint.

body of the complaint:

The portion of the pleading that presents the plaintiff’s claims or causes of action.

bond:

A sum of money deposited with the court to assure compliance with some requirement. The premium necessary to procure a bond is usually 10 to 15 percent of the face amount of the bond in either a criminal or civil action.

brief:

Most commonly, a written argument presented to the court in support of a party’s motion. A trial brief consists of legal arguments submitted to the trial court. An appellate brief is filed with the appellate court and contains arguments regarding the trial court’s improper application of law or errors in procedure.

brief of a case:

A synthesis of the major elements of the case. A case brief usually includes a brief statement of the essential facts, a listing of the issues, the resolution of those issues and the holding, and the subsequent procedural history. Paralegals and law clerks frequently brief cases for their supervising attorneys. Also known as a brief of an opinion.

brief of an opinion:

See brief of a case.

burden of proof:

The responsibility of proving something at trial. Generally, the party making an allegation has the burden of proving it. For instance, in a criminal case, the prosecutor has the burden of proving beyond a reasonable doubt that the accused committed the crime charged. In a civil proceeding, the plaintiff has the burden of proving by a preponderance of the evidence that the defendant caused the plaintiff’s harm.

business entries:

An out-of-court entry made in a business record that’s compiled in the regular course of business by someone whose duty it is to make such entries. Business entries constitute admissible hearsay. Examples include nurses’ notes, accountants’ records, and automobile maintenance records made by mechanics.

caption of pleading:

The pleading’s heading. Contains the name of the court, the names of the parties, and the docket number assigned by the court.

case brief:

See brief of a case.

cause of action:

A legally acceptable reason for suing. Also known as a claim for relief.

challenge for cause:

A party’s request to a judge that a particular prospective juror not be allowed to be a member of the jury for specified reasons, such as bias. These challenges are unlimited as long as the party requesting the challenge is able to demonstrate to the judge that the prospective juror has knowledge of the parties to the suit or is involved in a business that’s represented in the litigation. Thus, a police officer is usually omitted from sitting on a jury in a criminal case under a challenge for cause.

challenge to the array:

An initial challenge to the selection process and composition of the jury pool. For instance, if a jury pool doesn’t reflect the ethnic composition of a community, a successful challenge to the array may be brought that would require a new jury pool to be summoned for duty.

change of venue:

A change in the location of a trial. The defendant usually requests a change of venue if, for example, there was too much pretrial publicity by the media. See also choice of venue.

charge to jury:

Jury instructions on the standards that the jury should apply in reaching its verdict.

charter:

The law of a municipality or other local unit of government authorizing it to perform designated governmental functions.

choice of venue:

The process of finding the fairest place for trial’s location. An impartial venue can be helpful in providing due process in a trial. See also change of venue.

circumstantial evidence:

Evidence of one fact from which another fact can be inferred. Circumstantial evidence is less persuasive than direct evidence. For instance, the 50 feet of skid marks left by an automobile preceding the point of impact with a school bus is circumstantial evidence of the automobile’s speed based on the direct evidence of the actual skid marks on the roadway.

civil law:

The legal means by which the rights and remedies of private individuals are enforced and protected. Crime is not an issue for civil litigation, and the responsibility of pursuing a damage remedy in civil law rests with the person harmed.

civil suit:

An action that enforces rights and redresses wrongs in the civil arena.

claim for relief:

See cause of action.

clergy-penitent privilege:

The privilege of a penitent (one who confides in a clergy member) to refuse to disclose any confidential communication with his or her priest, minister, or cleric that relates to spiritual counseling or consultation. Neither can disclose the information without the consent of the other party.

clerk:

An officer of the court who files pleadings, motions, orders, and judgments; issues the process of the court; and keeps the records of legal proceedings.

closing statements or arguments:

The final statements of the attorneys summarizing the evidence that they think they have established and the evidence that they think the other side has failed to establish.

codefendant:

An additional defendant sued in the same litigation.

collection of judgment:

Effectuation and enforcement of the decision of the court, which, in many cases, is one of the most difficult aspects of litigation.

competency:

Legal capacity to testify, determined by (1) an understanding of the obligation to tell the truth, (2)ability to communicate, and (3)a knowledge of the topic of the testimony.

complaint:

The initial pleading served and filed by the plaintiff stating his or her version of the facts and law concerning the defendant’s alleged wrongdoing. In some states, like Texas, a complaint is called a petition.

concurring opinion:

A judge’s opinion that agrees with the result of the majority of the court but disagrees with the reasons the majority used to support that result.

Congress:

The legislative branch of the federal government with the primary function of enacting law.

constitution:

The document that sets forth the fundamental laws that create the branches of government and identify the basic rights and obligations of citizens. There are 50 state constitutions and one federal constitution in the United States.

contempt:

A willful disregard for or disobedience of a judge.

contest:

To challenge.

corporation counsel:

Attorneys who exclusively represent one corporation in-house.

corroborate:

To add weight or credibility to testimony.

counterclaim:

A claim or cause of action against the plaintiff stated in the defendant’s answer.

criminal law:

The law concerning an offense that harms the entire community and whose remedy is a fine or imprisonment imposed on the offender. The responsibility of pursuing a violation of criminal law rests with the state. A person may be charged criminally and sued civilly.

cross claim:

A claim by one codefendant against another codefendant.

cross examination:

The questioning of the witness during a hearing or trial after the other side has completed direct examination. Generally, the person conducting the cross examination must limit himself or herself to the topics raised during the direct examination of the witness by the other side.

damage hearing:

A separate hearing sometimes held after the judge or jury has found a party liable. The hearing is limited to deciding how much the losing party should pay the winner and the time period the losing party has to pay the damages.

damages:

An award of money paid by one who has been found liable by a judge or jury to compensate the person who has been harmed. Types of damages include general/actual/compensatory, special, punitive/exemplary, nominal, consequential, and liquidated.

declaration against interest:

An admissible, out-of-court statement made by a non-party against the interest of the non-party when he or she is no longer available for comment. For instance, Joan sues Betty for the fraudulent use of Joan’s credit card, but Betty introduces a signed confession from Susan, who is now dead, stating that Susan was the person who used Joan’s credit card. Susan’s statement would be admissible hearsay because it’s a declaration by Susan, who is unavailable, against Susan’s interest.

declaration of bodily feelings:

An admissible form of hearsay where a spontaneous declaration was made out of court regarding the person’s present bodily condition. For instance, Zachary could be called to testify that his sister told him that she had “a headache” during a heavy-metal concert.

declaration of mental state of mind:

An admissible form of hearsay that involves an out-of-court statement about a person’s present state of mind. For example, in a slip-and-fall trial, Robert could testify that the supermarket manager told him that she was aware of the slippery surface in the produce aisle and that she would “carpet that area in the morning.”

declaration of present sense impression:

An admissible, out-of-court statement detailing an event while it’s being observed by the person making the statement. For instance, Andrew could testify that Sharon exclaimed to him, “The plane is flying too low!”, seconds before it came into contact with power lines.

declaratory judgment:

A court’s decision that declares the rights and obligations of the parties but does not order the parties to do or refrain from doing anything. It does not seek any damages from the opposing party but merely requests a declaration of the respective rights of the parties.

default judgment:

A court order deciding the case in favor of the plaintiff because the defendant failed to file an answer or otherwise plead within the statutory time allowed for that purpose, which is usually 20 to 30 days.

defendant:

A person or entity against whom a plaintiff brings an action. The defendant may also be known as a respondent in a domestic or probate court action.

defense:

A response made by one party to the claims or allegations of another party. The defense may be a denial of facts or a more elaborate response, like an affirmative defense, and is usually contained in the defendant’s answer.

demonstrative evidence:

See physical evidence.

deponent:

The person being questioned in a deposition.

deposition:

A pretrial discovery device where one party asks oral questions of the other party or of a witness for the other party. Depositions are usually conducted under oath outside of the courtroom. Paralegals assist during a deposition by taking notes and by providing the supervising attorney with questions to ask the deponent.

digesting a document:

Synthesizing a document, like a deposition or court reporter’s transcript. Paralegals frequently digest depositions by summarizing the most important elements of the deponent’s testimony so that the supervising attorney can quickly review them.

direct evidence:

Evidence that tends to establish a fact without the need for making an inference. Direct evidence is preferred over indirect, or circumstantial, evidence.

direct examination:

The initial questioning of the witness during a hearing or trial. The attorney who calls the witness to the stand usually conducts the direct examination of that witness, which is then followed by the cross examination of that witness by the adverse party. After cross examination, the attorney may conduct redirect examination of that same witness.

directed verdict:

An order entered by the trial court judge in favor of the party requesting the verdict because the opposing party has failed to establish a prima facie cause of action or an adequate defense to that cause of action. Defendants may request a directed verdict after plaintiffs have rested their cases, and plaintiffs may request a directed verdict after defendants have completed their defenses.

discovery:

Pretrial devices that can be used by one party to obtain evidence and information about the case from the other party in order to prepare for trial, prevent surprise, and facilitate settlement of the controversy. The most common kinds of discovery are interrogatories, depositions, requests for admissions, requests for production of documents, and requests for mental or physical examinations.

dismissal with prejudice:

An adjudication on the merits of the case that bars the right to bring a subsequent action on the same claim. A dismissal with prejudice can only be appealed to a higher court.

dismissal without prejudice:

A dismissal of a case based on a procedural error. The case can be filed again so long as the procedural error is corrected in the amended action.

dissenting opinion:

An opinion that disagrees with the decision of the majority of the appellate court.

diversity of citizenship:

Diversity of citizenship is the federal court’s power to hear a case based upon the fact that (a) the parties to the litigation are from different states and (b) the amount of money involved in the lawsuit exceeds a statutory minimum, which changes frequently and is, as of this writing, $75,000.

docket:

The court’s calendar of pending cases. The docket, which is posted outside of the courtroom, will specify the kinds of cases that are being heard in that courtroom on that day.

doctor-patient privilege:

The privilege of a patient to refuse to disclose any confidential communication made to his or her doctor about medical care. The information can’t be disclosed without the consent of both parties.

domicile:

A physical presence in a state with the intent to reside there permanently.

draft:

To write, as in the writing of a document. Paralegals draft letters, pleadings, discoveries, motions, and briefs for their supervising attorneys to proof and sign.

due process:

The evaluation of a case based upon the judgment of a disinterested objective party. Due process is a fundamental constitutional right, which means that the judicial system has to give parties notice and opportunity to be heard, confront witnesses against the parties, examine evidence presented, be represented by counsel, defend themselves, and receive a determination.

dying declaration:

An admissible hearsay consisting of an out-of-court statement concerning the causes and circumstances of death when made by a person whose death is imminent.

eminent domain:

The power of the state to take possession of private property for public use without the consent of the property owner. The state must provide reasonable compensation to the property owner.

en banc:

When all of the members of the court decide a case, that decision is said to be rendered en banc, as opposed to a decision made by a panel of judges, which usually consists of only three of the appellate-court judges.

equal protection:

The Fourteenth Amendment right that states that no person should be denied the same protection of law enjoyed by others.

escheat:

When a person dies without a will (referred to as intestate), or when there is no other person who is competent to inherit, the state may take possession of that person’s estate under the state’s escheat powers.

estate:

All property that’s left by the decedent from which any obligations or debts of the decedent must be paid. It also may refer to the surviving representatives of the deceased.

evidence:

Written or unwritten proof of allegations at issue between the parties to a lawsuit. Types of evidence include tangible, or demonstrative, and testimonial, or oral.

executive branch:

The branch of government that enforces the laws created by the legislative branch.

ex parte hearing:

A hearing where only one party to the action is present. A request for a temporary restraining order (TRO) is heard ex parte. To ex parte a judge is to talk to a judge about a case without the other side being present, which is unethical.

examiner:

See hearing officer.

excited utterance:

See spontaneous declaration.

exhibit:

In a trial, items of tangible evidence that are to be or have been offered to the court and jury for inspection and consideration. Paralegals frequently prepare and mark exhibits for trial.

expert witness:

A person who has been qualified as an expert and who then will be allowed (through answers to questions) to assist the jury in understanding complicated and technical subjects that are not generally within the jury’s understanding. Medical doctors, accountants, and scientists commonly testify as expert witnesses.

failure to state a cause of action:

As common grounds for a dismissal of an action or response to the plaintiff’s complaint, defendants frequently allege that the plaintiff has failed to allege sufficient facts to constitute a cause of action against the defendant. This means that even if the plaintiff were to prove all of the facts alleged in the complaint, those facts would not establish a cause of action entitling the plaintiff to recover against the defendant. Grounds for dismissals in federal proceedings may be found in Rule 12(b) of the Federal Rules of Civil Procedure.

Federal Rules of Civil Procedure:

The rules governing the manner in which civil cases are brought in and progress through the federal courts.

felony:

A crime that is punishable by a sentence of one year or more and by a fine exceeding $1,000. Felons are usually required to serve their time in the state penitentiary as opposed to a county jail.

filed (in court):

Paralegals frequently present documents to the clerk of the court, which means that these documents have been filed with the court. If the court clerk’s office is closed, paralegals may then attempt to file the documents with the judge or the judge’s clerk.

forum:

The court or tribunal with jurisdiction over a particular matter.

forum non conveniens:

Even if the venue of the court is proper, that court may be an inconvenient forum within which to litigate the action. So, if it appears that for the convenience of the litigants and witnesses and in the interest of justice the action should be heard in another forum, the court may act on its own or may grant a litigant’s motion to change venue on this basis. See also change of venue and choice of venue.

foundation for evidence:

What must be established for a party seeking to admit evidence into court. By laying the proper foundation for evidence, the party attempts to establish a prima facie case, which is usually done by the attorney’s asking questions of the witness on direct examination.

garnishment:

A method of executing judgment where part of the judgment debtor’s salary is automatically turned over to the court, which in turn gives the money to the judgment creditor until the judgment is satisfied. Garnishments involving a child-support arrearage may be as high as 65 percent of the debtor’s net monthly take-home pay and 25 percent for judgments that don’t involve child support arrearages.

general verdict:

A jury’s verdict that simply says who wins the case and the amount to be paid to the winning party, if anything.

general verdict with interrogatories:

The same as the general verdict with the addition of answers that the jury provides to a series of specific, factual questions concerning important aspects of the case.

good time:

Time deducted from a prisoner’s sentence for good behavior while incarcerated. Good time is usually calculated differently for state and federal convictions.

grand jury:

A group of persons, traditionally not fewer than 12 nor more than 23, whose duty is to decide, upon hearing the evidence for the prosecution in each proposed bill of indictment, whether a sufficient case is established to hold the accused for trial. If the grand jury feels that the prosecution has presented sufficient evidence, it will return an indictment or true bill confirming that it is satisfied with the truth of the accusations presented by the prosecutor. The prosecutor may then file the complaint and make the arrests as deemed warranted. Evidence developed during a grand-jury investigation is usually not admissible in the subsequent court proceeding.

hearing:

A proceeding, usually formal but sometimes informal, where the judge or hearing officer examines some aspect of a dispute and renders a decision or determination.

hearing officer:

A member of an administrative agency’s staff who presides over hearings and either makes findings of fact or recommends such findings to someone else in the agency. Also known as the referee or examiner.

hearsay:

Hearsay is a statement that is based not upon personal observation but on what has been said or written by someone else who isn’t in the courtroom. Hearsay is inadmissible unless it can be shown to fall within one of the hearsay exceptions, which we discuss in Chapter 7.

impanel:

To select, swear in, and seat, such as impaneling a jury.

impeach a witness:

To discredit that witness by introducing evidence that the testimony of the witness is not credible.

in camera:

A discussion or meeting held in the judge’s chambers, usually not on the record.

infra:

A signal used in legal writing to indicate that a citation to an authority appears subsequently.

in issue:

The truth of facts in a case that must be established at trial. A judge must rule on the applicability of law in question or issue in a case. Also known as at issue or in question.

in personam jurisdiction:

A court’s jurisdiction over a person.

in question:

See in issue.

in rem jurisdiction:

A court’s jurisdiction over property or a controversy.

indictment:

A formal charge by a grand jury accusing the defendant of a crime.

indigent:

A person who is destitute of property or means of comfortable subsistence. By proving indigence, a person may be entitled to taxpayer-supported defense in felony charges.

information and belief:

When a party qualifies a statement made in a pleading not as fact but as believed to be true from information available to the party. This standard legal phraseology in complaints protects a plaintiff who isn’t absolutely certain of the existence of facts set forth in the complaint.

initial appearance:

A court proceeding for the defendant charged with a felony, during which the judge advises the defendant of the charges against him or her and of his or her rights, decides on bail and other conditions of release, and sets the date of the preliminary hearing.

intent:

Probably the most important word in law. It refers to a “determination of the mind,” which is very difficult to prove and usually up to the jury to determine.

interlocutory appeal:

An appeal to a higher court made during the progress of a case requesting temporary relief rather than a final judgment. This appeal usually takes the form of a motion made to a higher court requesting a review of the action, or inaction, of the trial court. For example, when a court grants a defense motion to suppress evidence obtained during a search of the defendant, the prosecution often appeals the trial court’s granting of that motion. An interlocutory appeal is requested before final judgment.

interrogatories:

Discovery techniques consisting of written questions about the case submitted by one party to the other party. The answers to interrogatories are usually provided under oath.

introduce into evidence:

To formally place evidence before the court so that it will become part of the record for consideration by the judge and jury.

issues on appeal:

The claimed errors of law or in procedure committed by the trial judge provide the basis for the issues on appeal. Allegations of errors of law and errors in procedure committed by the trial court are the only issues on appeal. The appellate court does not retry the case and no witnesses are called.

joint and several liability:

Responsibility together and individually. For example, let’s say Mary, Greta, and David borrow $10,000 from Alison under a contract that provides for joint and several liability. If David and Greta file for bankruptcy and become judgment-proof, Alison can attempt to collect the entire $10,000 debt from Mary under the joint and several liability provision.

judgment:

The final decision of the court that resolves the dispute and determines the respective rights and obligations of the parties.

judgment creditor:

The party that wins the judgment award.

judgment debtor:

The party that loses and, therefore, owes the judgment award. See also judgment-proof.

judgment non obstante verdicto (JNOV):

A judgment ordered by the court in favor of the plaintiff that’s contrary to the jury’s decision in favor of the defendant. This is also known as a judgment notwithstanding the verdict, because the court’s decision opposes the verdict reached by the jury and, in effect, overrules the jury.

judgment notwithstanding the verdict:

See judgment non obstante verdicto.

judgment on the merits:

The preferred form of judgment because it is based on the legal rights of the parties as distinguished from mere matters of practice, procedure, and jurisdiction.

judgment-proof:

Term used to describe a judgment debtor who does not have any assets out of which to effectuate a judgment. Often a judgment debtor will attempt to become judgment-proof if he or she is not already.

judicial branch:

The branch of government that interprets laws created by the legislative branch and administrative laws produced by the executive branch and creates common law (judge-made law) by issuing opinions.

jurisdiction:

A court’s power to hear a case and decide the outcome.

jury:

The group of citizens who decide the issues or questions of fact at the trial. Members of the jury are summoned from sources such as motor vehicle registration lists, driver’s license lists, voter registration lists, and property ownership lists. Most juries consist of either 6 or 12 jurors.

jury charge:

The jury instructions after the judge reads them to the jury. See also jury instructions.

jury instructions:

Guidelines and law given by the judge to the jury that the jury is to use in deciding issues of fact at trial. Paralegals can be instrumental in preparing jury instructions. See also jury charge.

jury panel:

The group of citizens who have been called to jury duty from a jury list.

leading question:

A question asked of a party or witness that (a) suggests the answer desired, (b) assumes to prove a fact that has not been proved, or (c) embodying a material fact, admits of an answer by a simple negative or affirmative. “Isn’t it true that you bought drugs with the money that you stole?” is an example of a leading question because either a yes or no answer indicates guilt. Leading questions are not admissible in court.

legislative branch:

The branch of government that creates law. Congress is the legislative branch of the federal government.

liable:

To be responsible or accountable in law or equity.

lis pendens:

A notice of lis pendens is filed in the public records for the purpose of preventing any transaction that would thwart the purpose of the pending lawsuit. For example, in a quiet title action, where title to real property is being contested, the party who isn’t listed as the owner in the public records might file a lis pendens to prevent the sale of the property prior to the resolution of the quiet title action.

litigation:

An action or lawsuit.

magistrate:

A judicial officer with limited jurisdiction in criminal and civil matters, such as a justice of the peace.

majority opinion:

The decision of the majority of the members of the appellate court, which is often recorded in written form.

mandate of court:

A command or order, usually from a superior court to an inferior court.

marital communications privilege:

The privilege that prevents one spouse from disclosing confidential or private communications made to the other spouse during their marriage. One spouse can prevent the other spouse from making these disclosures, and both spouses must agree to the disclosure in order for it to be admissible.

misdemeanor:

Any crime or offense not amounting to a felony or petty offense. Misdemeanors are crimes generally punishable by a sentence of less than one year and a fine of less than $1,000. Misdemeanants serve their sentences in the county jail as opposed to the state penitentiary.

motion:

A request made to a court. Although most motions must be submitted in writing, some trial motions (like a motion to suppress) may be presented orally.

motion for a new trial:

A request that the judge set aside the judgment and order a new trial on the basis that the trial was improper or unfair due to specified prejudicial errors that occurred during the trial.

motion for summary judgment:

A pretrial request by a party that a decision on an issue be made on the basis of the pleadings and discovery without having to go through an entire trial. A party who requests summary judgment attempts to convince the judge that there are no issues of material fact disputed between the parties and so a decision should be rendered by the judge without the necessity of jury consideration.

motion in limine:

A pretrial request to exclude potentially prejudicial evidence at the subsequent trial. Gruesome photographs are often excluded in response to this motion, or black-and-white photos may be substituted for objectionable color photos.

motion to dismiss:

A request by a party to end a case without going through a trial.

motion to suppress:

A request by a party to the court requesting the suppression of particular piece of evidence.

movant:

The person or entity who requests relief from the court or administrative tribunal, usually through oral or written motions.

move into evidence:

To request that the court declare that specified items be admissible as evidence.

nolle prosequi:

A statement by the plaintiff or prosecutor of an unwillingness to further prosecute the case. At that point, some or all of the charges or allegations are dropped.

nolo contendere:

A no-contest plea. It has the effect of a guilty plea without actually admitting guilt and allows the judge to sentence the defendant as though he or she pled guilty. A defendant will often be counseled to plead no contest to a criminal accusation so that the plea can’t be used as an admission of liability in a related civil suit.

notice of appeal:

A document announcing an intention to appeal filed with the appellate court and served on the opposing party.

nunc pro tunc:

When a court allows the entry of an order, judgment, or other act so that it has a retroactive effect, that court is said to have acted nunc pro tunc, or “then for now.”

off the record:

Term used to describe court proceedings that the court reporter does not include in the official transcript. See also bench conference.

objection to evidence:

A challenge to the evidence that the other side tries to introduce.

opening statement:

Each attorney’s presentation to the judge and jury outlining the facts and issues involved in the litigation and the position of each party to the litigation.

opinion evidence:

Evidence a witness believes or infers to be true regarding facts in dispute. An inference from a fact is generally inadmissible. Opinion evidence should be distinguished from personal knowledge of the facts, which would be more likely to be admissible.

opinion of the attorney general:

Legal advice provided by the attorney general to governmental officials on legal issues like the interpretation of a statute or new legislation.

opinion of the court:

A court’s explanation about why it reached a certain decision. The written decision of the court often includes the reasons for the decision, and these opinions are often collected in official and unofficial reports.

parol evidence rule:

Oral evidence. Oral representations about the terms of a written agreement must be integrated into that agreement to be admissible and enforceable.

peremptory challenge:

Usually the final juror challenge exercised by each litigant where no cause or reason need be provided to the court for the dismissal of potential jurors. These challenges are usually limited to three per side.

personal recognizance:

One who is criminally accused may apply for a personal recognizance bond, which consists of a sworn promise to return to court at designated times without having to post cash or collateral bail. Various criteria are considered by the probation department in granting personal recognizance bonds including the accused’s prior criminal record, the accused’s family and job contacts in the community, and the magnitude of the crime alleged to have been committed.

personal service:

Service of process upon an individual, or the designated agent of an individual or corporation, by delivering, or attempting to deliver, a copy of the summons and complaint to that individual or agent. A subpoena should also be served in the same way.

petition:

A formal request that petitions the court to take some action. See also complaint.

petitioner:

The person who brings a petition. See also plaintiff.

physical evidence:

Evidence that can be seen or touched. Physical evidence is also known as tangible evidence or demonstrative evidence.

plaintiff:

The person bringing the lawsuit. A plaintiff may also be known as a petitioner in some states and in domestic and probate actions.

plea bargaining:

The process whereby the accused and the prosecutor negotiate a mutually satisfactory disposition of a criminal case. The defendant usually agrees to plead guilty to a lesser charge in return for the state’s willingness to drop the more serious charge(s).

plead:

To formally admit or deny the charges made by the prosecutor in a criminal case.

pleadings:

The initial documents filed in a lawsuit that state the positions of the parties pertaining to the causes of action and the respective defenses. The most common pleadings are complaints, answers, replies, third-party complaints, cross claims, and counterclaims.

poll the jury:

To question each juror individually in open court as to whether he or she agrees with the verdict announced by the jury foreman.

prayer for relief:

A request contained in the complaint or petition (usually right before the attorney’s signature) that asks for the relief that the plaintiff thinks he or she is entitled to. Common wording after the request is the phrase “and such other and further relief as to the court may seem just and proper.” This enables the court to grant whatever relief it feels is appropriate in addition to what was specifically requested. Also known as a wherefore clause or ad damnum clause.

preliminary hearing:

The means in a criminal case of determining the question of whether probable cause for the arrest of a person existed. The preliminary hearing is held shortly after arrest and before trial, and the prosecution must produce enough evidence to satisfy the judge that the defendant committed the crimes as charged.

preponderance of the evidence:

The standard of proof that must be established to win a civil case. This standard is met when a party’s evidence indicates that it’s “more likely than not” that the fact is as the party alleges it to be. A majority of the jurors must agree for a plaintiff to prevail in a civil action.

presumption:

An inference regarding the truth or falsity of any proposition of fact. A presumption may also indicate the weight to be given to evidence by law.

pretrial conference:

A conference held between the judge or magistrate and the attorneys to prepare the case for trial. At this conference, the presiding judge sometimes tries to encourage the parties to settle part or all of their dispute.

prima facie case:

A case sufficient on its face that’s supported by the requisite minimum evidence and free of palpable defects. This must exist to prevail under any cause of action.

privilege:

The right to refuse to testify or the right to prevent someone else from testifying on a matter.

privilege against self-incrimination:

The privilege that holds that an accused can’t be forced to testify in a criminal proceeding or to answer incriminating questions that directly or indirectly connect the accused to the commission of a crime.

pro se:

When a party appears in an action without representation by an attorney.

probable cause:

A reasonable basis to believe that a defendant has committed a wrong or is guilty of the crime charged.

probation:

An alternate to imprisonment where the court releases a defendant found guilty of a crime to the supervision of a probation officer subject to conditions imposed by the court.

procedural law:

The rules setting forth the steps required to conduct a lawsuit. Distinguishable from the substantive law, which governs the rights and duties of the parties.

process:

Summons and complaint.

proof:

The evidence offered to prove or disprove a fact or issue. In civil cases, it’s defined as a preponderance of the evidence and in criminal cases as beyond a reasonable doubt.

prosecute:

When the government, through the office of the attorney general or district attorney, files criminal charges against an accused, the government begins the prosecution of the accused.

qualify a witness:

Before testifying in court, witnesses often must be qualified to testify. The court must be convinced through a demonstration of background and experience that the witness has expertise to testify in a particular area.

quasi in rem jurisdiction:

A court’s power to resolve a personal claim against the defendant with the judgment being satisfied out of property or assets that the defendant has in state.

quasi-judicial:

Term used to describe an agency that acts similarly to a court.

recidivist:

A person who makes a trade of crime, who is a habitual criminal.

record:

The official collection of all the trial pleadings, exhibits, orders, and word-for-word testimony that took place during the trial. The trial court record must be ordered and prepared as a prerequisite to prosecution of an appeal.

redirect examination:

Examination that takes place after questioning the witness on cross examination. The attorney who conducts the direct examination conducts the redirect examination.

referee:

See hearing officer.

relevant:

Something that tends to prove or disprove a fact in issue is declared relevant by the court and is admissible for consideration by the judge and jury.

remand:

To send back to an inferior court for further consideration.

remittitur:

The procedural process by which the verdict of a jury is diminished by subtraction. It’s a device the judge uses to tell the winning party that a new trial will be granted unless the party agrees to decrease the damage award reached by the jury.

reply:

A defensive pleading that may be filed by the plaintiff in response to new allegations raised by the defendant in the defendant’s answer. Or, an appellant may file a reply brief that responds to new matters set forth in the appellee’s answer brief.

request for admissions:

Discovery techniques consisting of written statements of facts concerning the case that are submitted to an adverse party and that that party is required to admit to or deny.

request for physical or mental examination:

A form of discovery that requires court approval unless the parties agree, or stipulate, to it. A defendant usually wants to conduct a physical or mental examination of the plaintiff in an effort to verify the damages and injuries complained of by the plaintiff.

request for production and inspection of documents:

A discovery technique that asks a party to produce, at a specified time and place, documents or other things in that party’s possession or control.

res gestae:

An evidentiary term that applies to exceptions to the hearsay rule involving statements that are made close to or concurrently with the happening of a transaction or occurrence.

res judicata:

The legal doctrine that a judgment on the merits will prevent the same parties from re-litigating the same cause of action because the parties have already had their day in court and the controversy has already been judicially decided. It’s similar to the doctrine of double jeopardy in a criminal case.

respondent:

The party who is required to answer a petition or a writ requesting that the party take some sort of action as opposed to provide money damages. See also defendant.

restitution:

The restoring of property or a right to a person who has been unjustly deprived of it. Restitution is often a condition of sentencing in a criminal case.

retainer agreement:

A contract between an attorney and client stating the nature of the services to be rendered and the cost of those services.

review:

See appellate review.

rule on witnesses:

The rule that requires that all witnesses be removed from the courtroom until it’s time for their individual testimonies so that they won’t be able to hear others’ testimonies. Either party may invoke this rule.

rules of court:

Laws governing practice before a particular court and the procedures to be followed in litigation before that court. Paralegals should be aware of the nuances in practice and procedure among the various federal and state court systems in which they practice.

satisfy:

To comply with a legal obligation. A release and discharge of an obligation is the satisfaction of that obligation.

sentence:

The punishment ordered by the court to be assessed upon a person convicted of a crime.

serve:

To present legal papers to a party notifying that party of a lawsuit.

service of process:

The delivery of a summons and complaint to a defendant ordering that defendant to answer the allegations made by the plaintiff. Service of process is a prerequisite to the court’s acquisition of personal jurisdiction or power over the defendant.

set for trial:

To schedule a date for a trial to begin on.

settlement:

A compromise reached by the adverse parties in a civil suit before the final judgment where they agree between themselves about their respective rights and obligations, thus eliminating the necessity of a judicial resolution of the controversy. Judicial statistics indicate that 90 percent of filed civil actions settle prior to trial, and paralegals can be instrumental in the preparation of settlement demands, or brochures, that are used to achieve a settlement.

special verdict:

A form of verdict submitted to the jury that requests that the jury answer specific factual questions in addition to rendering its verdict for plaintiff or defendant.

spontaneous declaration:

An exception to the hearsay rule consisting of an out-of-court statement or utterance made spontaneously by the observer of an exciting event during or immediately after the event. This admissible hearsay is also known as an excited utterance.

standard of proof:

A statement of how convincing the evidence must be in order for a party to comply with his or her burden of proof. In criminal cases, the standard of proof is “beyond a reasonable doubt” and in civil cases the standard of proof is “by a preponderance of the evidence.”

stare decisis doctrine:

The doctrine that the court is obliged to stand by decided cases and to follow set precedent. As long as the facts and issues presented and decided in prior cases are substantially similar to the case being considered, an inferior court must apply that prior precedent in resolving its case.

state a cause of action:

To include all the relevant facts and law in the complaint so that if those matters are successfully proved at trial, the plaintiff will be entitled to win.

statute of limitations:

The law establishing the period within which a complaint must be filed before it is no longer permitted to be litigated.

stay execution of the judgment:

To delay enforcement of a court’s judgment.

stipulate:

A fact agreed upon by the parties is said to be stipulated. A stipulation of fact won’t be contested or disputed so that no evidence need be presented at trial concerning the truth or falsity of that fact.

subject-matter jurisdiction:

A court’s power to hear the type of case being presented. A bankruptcy court would not have subject-matter jurisdiction over a child-custody case, for example.

subpoena:

A writ issued under authority of a court to compel the appearance of a witness at a judicial proceeding. Generally, a subpoena must be served personally and can’t be served by substitute service on a person not named in the subpoena.

subpoena duces tecum:

A writ issued under authority of a court to compel the appearance of a person at a judicial proceeding and to command that person to bring specified documents with him or her. The primary objective of the subpoena duces tecum is to order that a person produce documents at a deposition, hearing, or trial so that those documents can be reviewed and considered.

subscription:

On a complaint document, the signature of the attorney who prepares a complaint and who represents the plaintiff. If the plaintiff prepares the complaint and is acting as his or her own attorney in the case, the plaintiff signs “pro se.”

substantive law:

The positive law that creates, defines, and regulates the rights and duties of the parties and that may give rise to a cause of action. It represents the nonprocedural rights and duties imposed by law.

substitute service:

Service of process upon a designated agent of the party. Paralegals often consult the secretary of state’s office to ascertain the name and address of the registered agents for corporations against which their offices are filing actions.

summary:

A compilation of the crucial points of fact and law contained in a document. Paralegals often provide summaries of lengthy discovery documents, like depositions.

summons:

A formal notice from the court ordering the defendant to appear in court or to answer a complaint in lieu of appearing.

supra:

A signal in legal writing indicating that a citation to authority appears previously.

Supremacy Clause:

The popular title for Article 6 of the United States Constitution, which states that federal laws are above state and local laws.

sustain:

To support, approve, or adequately maintain a motion.

take under advisement:

When a court delays its ruling on a matter, usually a motion, until a later time.

tangible evidence:

See physical evidence.

testimonial evidence:

Evidence that can be heard and considered by a judge and jury.

third-party complaint:

A pleading filed by the defendant against a new, third party that alleges that the third party is or may be liable for all or part of the damages that the plaintiff attributes to the defendant.

tickler system:

A common filing system that allows the secretary and paralegal to alert the attorney of approaching deadlines. Tickler systems are important for keeping the law-office staff aware of court dates, filing deadlines, and other important dates.

tort:

Generally, a tort refers to a civil wrong committed against another that results in damages and doesn’t emanate from a breach of contract. Most civil actions are tort actions.

tortfeasor:

The wrongdoer; the person who committed the tort.

transcript:

The written record of proceedings; the verbatim transcription of everything that was said on the record during the hearing or trial.

trial court:

The court where the trial is held. Trial courts are generally the only forums that allow for a trial by jury.

trial de novo:

A totally new fact finding hearing.

tribunal:

a quasi-judicial court or judicial body.

United States Court of Appeals:

An appellate court of limited jurisdiction. The jurisdiction is limited to appeals from the United States District Court.

United States District Court:

The federal trial court where the litigants are entitled to a trial by jury. This court’s jurisdiction is limited to cases where the United States is a party, a federal question is at issue, or diversity of citizenship exists between two or more of the parties and at least $75,000 is at stake.

United States Supreme Court:

The court of last resort. It is the nation’s highest court and selects certain appeals referred to it from the United States Court of Appeals and state supreme courts. It also has original jurisdiction in cases involving ambassadors, public ministers, and consuls and those cases in which a state is a party. The United States Supreme Court has a chief justice and eight associate justices.

venue:

The place where a trial is held. An impartial venue is critical to a fair trial. See also choice of venue.

verdict:

The final decision of the jury.

verification of pleadings:

An affidavit that is submitted with a pleading and signed by the party on whose behalf the pleading was prepared. The affiant swears that he or she has read the pleading and that it’s true to the best of his or her knowledge, information, and belief. A verification is much more likely to be filed with a complaint for breach of contract, where the facts are relatively certain, than with a complaint for negligence, where the facts are less certain. Furthermore, attorneys who may be skeptical of their clients’ allegations often request that their clients verify their complaints to protect themselves if the complaint later proves to be frivolous.

voir dire:

The jury-selection process; the examination of prospective jurors by the attorneys and the court. It may also refer to the examination of the qualifications of a prospective witness prior to allowing that witness to testify.

warrant:

An order from a judicial officer authorizing the arrest of an individual or the search of property.

wherefore clause:

See prayer for relief.

writ:

A written order from a court.

writ of certiorari:

An order by an appellate court concerning the review or reexamination of what a lower court did. If the writ is denied, the higher court refuses to hear the appeal and the judgment below stands unaffected.