Week One
Case
Lawsuit. “Case” also refers to written decision by a judge, found in books called case reporters or reporters. A party’s case or “case-in-chief” also refers to the evidence that party submits in support of their position.
Closing Argument
A persuasive presentation of your side of the case to the judge or jury at the conclusion of the evidence.
Contract
A legally valid agreement to do or not to do something, such as an employment contract or contract of sale for real estate.
Jury
A group of people selected to apply the law, as given by the judge, to the facts jurors find true, to decide the outcome of a case.
Leading question
A question asked of a witness at trial that suggest the answer. It’s really just a statement phrased as a question.
Battery
A legal claim of uninvited touching. If someone hits you, you may have a claim of battery against that person.
Challenge for cause
A way to get a juror dismissed from your case in which you state a reason why the juror is objectionable.
Counterclaim
A legal claim by a defendant against the plaintiff
Direct examination
The initial questions of a witness by the party who called the witness.
Litigation
The process of resolving a dispute by a lawsuit in court
Breach of contract
A legal claim that one party failed to perform as required under a valid agreement with the other party. (“the roofer breached our contract by using substandard supplies when he repaired my roof”)
Consideration
Something of value which is given in exchange for a promise in order to form a legally binding contract.
Court reporter
A person who records every word that is said during official court proceedings and depositions, and sometimes prepares a written transcript of those proceedings.
Hostile Witness (“adverse witness”)
A witness so hostile to the party who called him that the party can ask the witness leading questions
Malpractice
Professional negligence; the failure to use the type of care a professional should reasonably use in a given situation.
Burden of Proof
The requirement that a party convince the judge or jury that his or her claim is correct. In most civil cases, the burden is a “preponderance of the evidence,” which means something more than 50%.
Community property
A method used by about ten states to define property acquired during marriage and to divide the property and debts upon divorce.
Deposition
A discover (formal pre-trial investigation) tool in which a party (or her lawyer) asks a series of oral questions of another party or witness. The questions are answered under oath and taken down by a court reporter.
Fault-based divorce
Laws requiring that a spouse filing for a divorce prove the other spouse was legally at fault for the breakdown of the marriage – for example, alleging the other spouse committed adultery or left the family home.
Mistrial
A trial that the judge ends before the full proceeding has been completed because a prejudicial error or wrong has occurred.
At issue memorandum
A document that states that all parties have been served, that the parties disagree (or are “at issues”) over one or more points to be resolved at trial, and how much time the parties estimate will be required for trial.
Circumstantial evidence
Evidence that proves a fact by means of an inference. For example, from the evidence that a person was seen running away form the scene of a crime, a judge or jury may infer that the person committed the crime.
Directed Verdict
A ruling by a judge, typically at the close of the plaintiff’s evidence in a jury trial, which awards judgments to the defendant.
Judge pro tem
A temporary or substitute judge, often a lawyer, who temporarily fills in for a regular judge. Parties can refuse to have their case heard by a judge pro tem
Negligence
A legal claim that alleges a failure to use “ordinary and reasonable care” in a given situation.