Personal Injury Glossary - Page 2

Go to Page 1 >

Judgment - Final determination by a court of the rights and claims of the parties in an action.
Judge pro tem - Temporary judge.
Jurisdiction-- Authority of a court to exercise judicial power.
Jurisprudence - The science of law.
Juror - Member of a jury.
Jury - Specific number of people (usually 6 or 12), selected as prescribed by law to render a decision (verdict) in a trial.
Law - The combination of those rules and principles of conduct promulgated by legislative authority, derived from court decisions and established by local custom.
Law clerks - Persons trained in the law who assist the judges in researching legal opinions.
Lawsuit - A civil action; a court proceeding to enforce a right (rather than to convict a criminal).
Lawyer - A person licensed to practice law; other words for "lawyer" include: attorney, counsel, solicitor and barrister
Lay - non-professional; for example: a lawyer would call a non-lawyer a lay person and a doctor would call a non-doctor a lay person.
Lay advocate - a paralegal who specializes in representing persons in administrative hearings
Leading question - One which suggests to a witness the answer desired. Prohibited on direct examination.
Limited jurisdiction - Refers to courts that are limited in the types of criminal and civil cases they may hear. District, municipal and police courts are courts of limited jurisdiction.
Litigant - One who is engaged in a lawsuit.
Litigation - Contest in court; a law suit.
Magistrate - Court official with limited authority.
Malpractice. Professional misconduct or unreasonable lack of skill. A claim of malpractice must prove two things. One, you must prove that you could have won your case were it not for your lawyer's negligence. And, secondly, you must prove that your lawyer's actions were negligent.
Mandate - Command from a court directing the enforcement of a judgment, sentence or decree.
Misdemeanor - Criminal offenses less than felonies; generally those punishable by fine or imprisonment of less than 90 days in a local facility. A gross misdemeanor is a criminal offense for which an adult could be sent to jail for up to one year, pay a fine up to $5,000 or both.
Mistrial - Erroneous or invalid trial. Usually declared because of prejudicial error in the proceedings or when there was a hung jury.
Mitigating circumstances - Those which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame.
Motion - Oral or written request made by a party to an action before, during or after a trial upon which a court issues a ruling or order.
Moot - Unsettled; undecided. A moot point is one not settled by judicial decisions.
Negligence - The absence of ordinary care.
Oath - Written or oral pledge by a person to keep a promise or speak the truth.
Objection - Statement by an attorney taking exception to testimony or the attempted admission of evidence and opposing its consideration as evidence.
Of counsel - Phrase used to identify attorneys that are employed by a party to assist in the preparation and management of a case but who are not the principal attorneys of record in the case.
Offender - 1. A person who has committed a felony, as established by state law and is eighteen years of age or older. 2. A person who is less than eighteen but whose felony case has been transferred by the juvenile court to a criminal court.
Offer - 1. To make a proposal ; to present for acceptance or rejection. 2. To attempt to have something admitted into evidence in a trial; to introduce evidence 3. An "offer" in contract law is a proposal to make a deal. It must be communicated successfully from the person making it to the person to whom it is made and it must be the person to whom it is made and it must be definite and reasonably certain in its terms.
Omnibus hearing - A pretrial hearing normally scheduled at the same time the trial date is established. Purpose of the hearing is to ensure each party receives (or "discovers") vital information concerning the case held by the other. In addition, the judge may rule on the scope of discovery or on the admissibility of challenged evidence.
Opening statement - The initial statement made by attorneys for each side, outlining the facts each intends to establish during the trial.
Opinion - statement of decision by a judge or court regarding a case tried before it. Published opinions are printed because they contain new legal interpretations. Unpublished opinions, based on legal precedent, are not printed.
Opinion, per curiam - Phrase used to distinguish an opinion of the whole court from an opinion written by only one judge.
Overrule - 1. Court's denial of any motion or point raised to the court. 2. To overturn or void a decision made in a prior case.
Parties - Persons, corporations, or associations, who have commenced a law suit or who are defendants.
Peremptory challenge - Procedure which parties in an action may use to reject prospective jurors without giving reason. Each side is allowed a limited number of such challenges.
Petition - Written application to a court requesting a remedy available under law.
Petition for review - A document filed in the state Supreme Court asking for a review of a decision made by the Court of Appeals.
Perjury - Making intentionally false statements under oath. Perjury is a criminal offense.
Plaintiff - The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a petitioner.
Plea - A defendant's official statement of "guilty" or "not guilty" to the charge(s) made against him.
Pleadings - Formal, written allegations by the parties of their respective claims.
Polling the jury - A practice whereby the jurors are asked individually whether they agreed, and still agree, with the verdict.
Power of attorney - Document authorizing another to act as one's agent or attorney in fact (not an attorney at law).
Precedent - Previously decided case which is recognized as an authority for determining future cases.
Preponderance of evidence - The general standard of proof in civil cases. The weight of evidence presented by one side is more convincing to the trier of facts than the evidence presented by the opposing side.
Presiding judge - Chief or administrative judge of a court.
Probate - The legal process of establishing the validity of a will and settling an estate.
Proceeding - Any hearing or court appearance related to the adjudication of a case.
Record - 1. To preserve in writing, print or by film, tape, etc. 2. History or a case. 3. The word-for-word (verbatim) written or tape recorded account of all proceedings of a trial.
Record on appeal - The portion of the record of a court of limited jurisdiction necessary to allow a superior court to review the case.
Reasonable doubt - An accused person is entitled to acquittal if, in the minds of the jury, his guilt has not been proved beyond a "reasonable doubt". That state of mind of jurors in which they cannot say they feel an abiding conviction as to the truth of the charge.
Rebuttal - The introduction of contradicting or opposing evidence showing that what witnesses said occurred is not true, the stage of a trial at which such evidence may be introduced.
Redirect examination - Follows cross examination and is carried out by the party who, first examined the witness.
Remand - To send back. A disposition by an appellate court that results in sending the case back to the original court from which it came for further proceedings.
Reply - Pleading by the plaintiff in response to the defendant's written answer.
Respondent - 1. Party against whom an appeal is brought in an appellate court. the prevailing party in the trial court case. 2. A juvenile offender.
Restitution - Act of giving the equivalent for any loss, damage of injury.
Rests the case - When a party concludes his presentation or evidence.
Reversal - Setting aside, annulling, vacating or changing to the contrary the decision of a lower court or other body.
Service - Delivery of a legal document to the opposite party.
Set aside - Annul or void as in "setting aside" a judgment.
Settlement - 1. Conclusion of a legal matter. 2. Compromise agreement by opposing parties in a civil suit before judgment is made, eliminating the need for the judge to resolve the controversy.
Settlement conference - A meeting between parties of a lawsuit, their counsel and a judge to attempt a resolution of the dispute without trial.
Statute - A law created by the Legislature.
Statute of limitations - Law which specifies the time within which parties must take judicial action to enforce their rights.
Stay - Halting of a judicial proceeding by order of the court.
Stipulation - Agreement by the attorneys or parties on opposite sides of a case regarding any matter in the trial proceedings.
Subpoena - Document issued by the authority of the court to compel a witness to appear and give testimony or produce documentary evidence in a proceeding. Failure to appear or produce is punishable by contempt of court.
Subpoena duces tecum - "Under penalty you shall take it with you." A process by which the court commands a witness to produce specific documents or records in a trial.
Suit - Any court proceeding in which an individual seeks a decision.
Summons - Document or writ directing the sheriff or other officer to notify a person that an action has been commenced against him in court and that he is required to appear, on a certain day, and answer the complaint in such action.
Testimony - Any statement made by a witness under oath in a legal proceeding.
Tort - An injury or wrong committed, with or without force, to the person or property of another, which gives rise to a claim for damages.
Transcript - The official record or proceedings in a trial or hearing, which is kept by the clerk.
Trial - The presentation of evidence in court to a trier of facts who applies the applicable law to those facts and then decides the case
Trier of facts - The jury or, in a non-jury trial, the judge, or an administrative body.
Venue - The specific county, city or geographical area in which a court has jurisdiction.
Verdict - Formal decision made by a judge or jury (trier of facts).
Voir dire - (pronounced "vwar-deer") - "To speak the truth." The process of preliminary examination of prospective jurors, by the court or attorneys, regarding their qualifications.
Willful act - An intentional act carried out without justifiable cause.
Witness - Person who testifies under oath before a court, regarding what he/she has seen, heard or otherwise observed.
Writ - A special, written court order directing a person to perform, or refrain from performing, a specific act.

Free Case Consultation

Personal Injury Lawyer
> Serious & Catastrophic Injuries
> Brain Injury
> Spinal Cord Injury
> Dog Bites
> Child Injuries
> Nursing Home Abuse & Neglect
> Slip & Fall / Trip & Fall
Defective Drugs
Defective Products
Wrongful Death
Medical Malpractice
Motor Vehicle / Auto Injury
> Car Accidents
> Truck / Tractor Trailer Accidents
> Motorcycle Accidents
> Drunk Driving Accidents

Our Case Results

Personal Injury FAQs

Personal Injury Glossary

Our Accident Injury Website

Our Newsletter
View our September 2008 Issue
Legal Library
Go to our Legal Library
Resources
Personal Injury Tools and Links

Any information within this site, including: engaging with an attorney; serious or catastrophic personal injury; automobile, motorcycle and truck accident;
medical malpractice; or trip, slip and fall injury; should not be construed as formal legal advice nor as the formation of an attorney and client relationship.