A

Affidavit: A written statement made under oath.

Arbitration: Both parties agree to appoint a third party to make a binding decision on the case.

B

Bench Trial: Any case that a judge alone decides without a jury present.

Brief: A document presented to the court by an attorney that addresses legal points and arguments

Business Records: A form of documentary evidence that includes but is not limited to billing ledgers, chart notes, memoranda and reports and any other documents that are kept while the business is open.

C

Civil Law: Civil law includes any form of law developed by a governmental group such as legislative and congressional bodies. It involves statutes, limitations, ordinances and regulation.

Claim: a demand for something believed to be due

Claimant: The person perusing the claim, also known as a plaintiff.

Closing Argument: The summary and ending statement made by both defense and prosecution.

Counter Claim: The debtor, or defendant, sues the plaintiff for injuries or damages.

Court of Appeals: A court established with the goal of affirming or overturning an appeal made by the defendant. Any party may appeal to a court of appeals for a final decision.

Cross Examination: When a witness for the defense is questioned by the prosecution, or vice versa.

D

Decree: An order issued by a court of law

Defamation: Malicious and false statements that injure a person’s reputation and character.

Defendant: The party which is called in by the plaintiff and held liable for damages.

Demand Letter: A letter requesting compensation for injuries or damage, which may also include the threat of legal action.

Deposition: Process of examination of a witness, expert or party by an attorney. Deposition is always performed while the witness, expert or party is under oath.

Docket: Agenda prepared by a clerk of the court.

E

Evidence: Testimony, both written and spoken, as well as any material object can be used in court to prove a fact to the jury.

F

Federal Courts: Courts under the jurisdiction of the federal government.

G

General Damages: Compensation for damages that include but are not limited to pain and suffering and/or disability.

Guardian: A party given lawful consent to act and care for another party in court. This includes anyone that is given consent to manage and/or direct the rights, property or accounts of another.

H

Hearing: A judge or administrative officer makes a determination after hearing both the defense and prosecution.

Hung Jury: A jury which is unable to come to a verdict, leading to a mistrial.

I

Indemnify: A party gives another party security for the reimbursement of payments, in the case that the party anticipates losses.

Injunction: The court issues an order prohibiting a person to perform an action of some kind.

Impeachment: During cross-examination, impeachment is used to discredit the testimony of a witness, either by demonstrating that the witness’s story is incomplete or that it goes against prior statements made by said witness.

J

Judgment: The judge issues a final judgment on the case, putting an end to the lawsuit.

Jury: A group of six to twelve people that makes the final decision in a court case. A jury is temporarily invested with the power to indict a person for a crime made against another party.

L

Lawsuit: The product of a complaint against another person or entity which is filed with a court of law.

Liability: Responsibility for damages to a person/persons or property after an incident occurs and it is brought to the court’s attention.

Lien: A lien is a document filed with a house deed and/or other property to secure the payment of a debt. Any property with a lien attached cannot be sold by the owner until the lien is removed and the debt is paid.

Litigation: The process by which the plaintiff files a lawsuit, and the defense forms an argument against it.

M

Mediation: A third party arbitrates informally between two separate parties that are involved in a dispute in order to reach an agreement or find common ground.

Mistrial: A trial cannot be judged and must be terminated. This can occur due to a hung jury or an error by the court which is has drastically affected the outcome of the trial.

Motion: A written request to a court that asks for resolution regarding a specific issue.

N

Negligence: A court or attorney can rule on negligence if the party shows a complete failure to exercise ordinary caution in his or her actions.

O

Objection: An attorney for the defense or prosecution may state an objection to call to the court’s attention a procedure or evidence that is against the rules of the court.

Order: A demand made by the judge.

P

Party:  A person or entity that appears before a court of law, either prosecution or defense.

Power of Attorney: A letter authorizing a party in the court to act as a proxy for another.

Proximate Cause: A cause that leads up to an event or result, often brought up in court as a form of negligence.

R

Release: The relinquishment of a claim, demand or right.

Rules of Evidence: The rules of a court which explain how evidence can be used and under what circumstances they can be admitted into a court of law.

S

Settlement: The ultimate resolution of a claim, settled by both parties involved.

Small Claims Court: A court that allows two parties to settle a case without the need for attorneys to be present. A Small Claims Court is limited to claims at $2,500 or below.

Special Damages: Expenditures made by a party due to an injury or loss. This includes but is not limited to past and future losses due to missed work and other out-of-pocket expenses that were required to participate in the court of law.

Subpoena: A written document requesting that a person appear at court to provide testimony.

Summons: A notice released by the court to the defendant(s) that a lawsuit will begin and that they are to appear in court to answer to the complaint. This must occur within a set period of time or the court will rule without them.

T

Testimony: A statement, either verbal or in writing, which is made under oath by a witness, defendant or plaintiff.

Trial: Two parties settle their complaints in a court of law, both providing express consent to agree to the final judgment either by a jury or judge.

V

Verdict: The final ruling provided by a jury to the judge and the courtroom.

W

Waiver: A voluntary surrendering of a right or claim in a court of law

Witness: A witness is a person with information specific to a civil or criminal case that is called in by the court to provide testimony.