Law & Bar 2023

The Legal Terms Glossary

100 litigation Terms

100 litigation Terms

"The Legal Terms Glossary: litigation Edition" is a comprehensive guide that provides
detailed definitions and in-depth explanations for over 100 crucial legal terms used in the
realm of litigation & Courts.”

1. Admissible Evidence: 4. Appeal:

Evidence that is legally allowed to be
presented in court and considered by a judge
or jury during a trial.
Explanation: Admissible evidence must
meet certain criteria, including relevance and
reliability.
The process of requesting a higher court
to review and potentially overturn a lower
court's decision.
Explanation: Appeals are based on legal
errors or misinterpretations of law, not a
reevaluation of the facts.

2. Affidavit:
A written statement made under oath and
signed by the affiant, often used as evidence
in court proceedings.
Explanation: Affidavits are typically used
when a witness is unavailable to testify in
person.
5. Bailiff:
A court officer responsible for
maintaining order in the courtroom and
assisting the judge and jurors.
Explanation: Bailiffs also escort
defendants in and out of the courtroom
and manage jurors during deliberations.

3. Alternative Dispute Resolution (ADR): 6. Bench Trial:

Methods of resolving disputes outside of
traditional litigation, such as mediation or
arbitration.
Explanation: ADR can be faster and more
cost-effective than going to court.
A trial in which a judge, rather than a
jury, decides the outcome based on the
evidence and legal arguments presented.
Explanation: Bench trials are common in
certain civil cases and can be more
efficient than jury trials.

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7. Burden of Proof:
The responsibility of a party to prove a fact
or claim in a legal proceeding.
Explanation: The burden of proof can vary
depending on the type of case and the
elements involved.
8. Case Law (Precedent):
Legal decisions and principles established by
previous court rulings, which guide future
court decisions.
Explanation: Case law plays a significant
role in the development of legal principles
and interpretations.
9. Cause of Action:
The legal basis or grounds for a lawsuit,
typically involving a violation of a legal
right.
Explanation: Each cause of action identifies
the specific harm suffered by the plaintiff.
10. Civil Litigation:
Legal disputes between individuals or entities
that do not involve criminal charges.
Explanation: Civil litigation seeks monetary
damages or other remedies, such as
injunctions or specific performance.
11. Class Action Lawsuit: A lawsuit filed by
a representative plaintiff on behalf of a group
of individuals who have similar claims
against a common defendant.
Explanation: Class actions are used when
multiple parties have suffered similar harm,
making it more efficient to litigate as a group.
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13. Contempt of Court:
Disobedience or disrespect for the
authority of the court or its orders, which
can result in sanctions or penalties.
Explanation: Contempt of court can
include disruptive behavior, failure to
comply with court orders, or disrespectful
comments.
14. Cross-Examination:
The questioning of a witness by the
opposing party's attorney during a trial.
Explanation: Cross-examination aims to
challenge the credibility of the witness
and elicit information favorable to the
cross-examiner's case.
15. Damages:
Monetary compensation awarded to a
plaintiff in a civil lawsuit to compensate
for losses or injuries suffered.
Explanation: Damages can be awarded
for various types of harm, including
medical expenses, lost wages, and pain
and suffering.
16. Default Judgment:
A judgment entered in favor of the
plaintiff when the defendant fails to
respond to a lawsuit or appear in court.
Explanation: Default judgments are
typically issued when the defendant is in
default or noncompliance.
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17. Deposition:
A pretrial discovery process in which
witnesses and parties provide sworn
testimony, typically recorded by a court
reporter.
Explanation: Depositions are used to gather
information and preserve witness testimony
for use in court.
18. Discovery:
The process of exchanging information and
evidence between parties in a lawsuit before
trial.
Explanation: Discovery includes methods
such as interrogatories, document requests,
and depositions.
19. Due Process:
The constitutional guarantee that individuals
have the right to fair and lawful proceedings,
including notice and an opportunity to be
heard.
Explanation: Due process is a fundamental
principle of the legal system, ensuring fairness
and protection of rights.
20. Expert Witness:
A witness with specialized knowledge,
training, or expertise who is qualified to
provide opinions or testimony in a specific
field.
Explanation: Expert witnesses assist the
court in understanding complex issues and can
provide crucial evidence in cases.
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The Legal Terms Glossary
21. Hearsay:
Out-of-court statements offered as
evidence in court for the truth of the matter
asserted, generally considered
inadmissible.
Explanation: Hearsay is excluded because
it lacks reliability and the opportunity for
cross-examination.
22. Immunity:
Legal protection from prosecution or
liability granted to certain individuals,
such as witnesses or government officials,
in exchange for their cooperation or
testimony.
Explanation: Immunity is used to
encourage witness cooperation and
uncover the truth.
23. Injunction:
A court order that requires a party to take
specific actions or refrain from certain
activities.
Explanation: Injunctions are often used to
prevent irreparable harm or enforce legal
rights.
24. Judgment:
The official decision or ruling of the court,
typically outlining the rights and
obligations of the parties involved.
Explanation: Judgments can be in favor
of the plaintiff or defendant and may
include monetary awards or injunctions.
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25. Jury Selection (Voir Dire):
The process of selecting a jury from a pool of
potential jurors, often involving questioning
to ensure impartiality.
Explanation: Voir dire helps ensure that
jurors are fair and unbiased.
26. Jurisdiction:
The legal authority of a court to hear and
decide a case based on factors such as
location, subject matter, or parties involved.
Explanation: Jurisdiction determines which
court has the authority to resolve a particular
dispute.
27. Litigation (Lawsuit):
The process of resolving disputes through the
court system, including all the steps from
filing a complaint to reaching a verdict or
settlement.
Explanation: Litigation is the traditional
method of resolving legal conflicts.
28. Mediation:
A form of alternative dispute resolution
(ADR) in which a neutral third party (the
mediator) facilitates communication and
negotiation between disputing parties.
Explanation: Mediation aims to help parties
reach a mutually acceptable resolution
without going to court.
29. Motion to Dismiss:
A request made by a party to terminate a
lawsuit or specific claims within it, often
alleging legal defects in the plaintiff's case.
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Explanation:
Motions to dismiss are filed before trial
and are based on legal arguments rather
than evidence.
30. Negligence:
A legal theory in which a party is held
liable for harm caused by failing to
exercise reasonable care.
Explanation: Negligence cases require
establishing that the defendant owed a
duty of care, breached that duty, and
caused harm as a result.
31. Objection (Trial):
A formal protest made during a trial to
challenge the admissibility of evidence or
the conduct of opposing counsel.
Explanation: Objections are made to
protect a party's rights and ensure fair
proceedings.
32. Pleadings:
The formal written documents filed by
the parties in a lawsuit, including the
complaint, answer, and counterclaims.
Explanation: Pleadings outline the legal
and factual issues in dispute.
33. Precedent (Binding):
A legal decision or principle established
by a higher court that must be followed
by lower courts in similar cases.
Explanation: Binding precedent provides
consistency and predictability in the legal
system.
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34. Pro Bono:
Legal services provided by attorneys without
charge to clients who cannot afford legal
representation.
Explanation: Pro bono services promote
access to justice and provide assistance to
those in need.
35. Prosecution:
The legal process of pursuing a criminal case
against a defendant, led by a government
prosecutor or district attorney.
Explanation: Prosecution seeks to prove the
defendant's guilt beyond a reasonable doubt.
36. Rebuttal:
The presentation of evidence or witnesses by
one party to counter or refute the evidence
presented by the opposing party.
Explanation: Rebuttal occurs after the
opposing party's case-in-chief.
37. Remand:
The act of sending a case back to a lower
court or administrative agency for further
proceedings or reconsideration.
Explanation: Cases are remanded when
appellate courts find errors or deficiencies in
the lower court's decision.
38. Settlement Agreement:
A legally binding agreement reached by
parties to a lawsuit to resolve their disputes
without going to trial.
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Explanation:
Settlement agreements often involve
negotiated terms and conditions,
including monetary payments or other
remedies.
39. Statute of Limitations:
A legal time limit within which a lawsuit
must be filed, varying by jurisdiction and
type of claim.
Explanation: Statutes of limitations are
designed to ensure timely resolution of
legal disputes.
40. Subpoena:
A court-ordered command to compel the
production of documents, records, or
testimony from a witness or party in a
legal proceeding.
Explanation: Subpoenas are used to
obtain evidence and ensure witness
cooperation.
41. Summary Judgment:
A court ruling that disposes of all or part
of a case before trial when there are no
genuine issues of material fact.
Explanation: Summary judgment is
based on legal arguments and evidence
presented during the pretrial phase.
42. Testimony:
Oral statements and evidence given under
oath by witnesses during court
proceedings.
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Explanation: Testimony is used to present
factual information and expert opinions.
43. Tort:
A civil wrong or injury committed by one
party against another, resulting in legal
liability.
Explanation: Torts can include personal
injuries, property damage, and other
wrongful acts.
44. Venue:
The location or geographic jurisdiction in
which a legal case is heard and decided.
Explanation: Venue is determined by factors
such as the location of the events or parties
involved.
45. Writ of Certiorari:
A request to a higher court, typically an
appellate court or the U.S. Supreme Court, to
review a lower court's decision.
Explanation: Writs of certiorari are
discretionary and are granted when the higher
court agrees to hear the case.
46. Acquittal:
A verdict in a criminal trial in which the
defendant is found not guilty, either due to
lack of evidence or the jury's determination
of innocence.
Explanation: An acquittal results in the
defendant's release from criminal charges.
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47. Affirmative Defense:
A legal argument raised by the defendant
in response to a plaintiff's claim, asserting
facts that, if proven, would defeat or
mitigate the plaintiff's case.
Explanation: Affirmative defenses
include self-defense, statute of
limitations, and contributory negligence.
48. Amicus Curiae:
Latin for "friend of the court," referring to
a person or organization that is not a party
to a case but provides expert information
or legal arguments to assist the court in
making its decision.
Explanation: Amicus curiae briefs are
often submitted in significant or complex
cases.
49. Arraignment:
A formal court proceeding in which
criminal charges are read to the
defendant, who then enters a plea (guilty,
not guilty, or no contest).
Explanation: Arraignment is an essential
step in the criminal trial process.
50. Bail:
The monetary or conditional release of a
defendant from custody while awaiting
trial, with the promise to appear in court
as required.
Explanation: Bail is set by a judge to
ensure the defendant's appearance and
protect public safety.
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51. Beyond a Reasonable Doubt:
The high standard of proof required in
criminal cases, meaning that the evidence
must be so convincing that there is no
reasonable doubt of the defendant's guilt.
Explanation: Proof beyond a reasonable
doubt is the standard for a guilty verdict in
criminal trials.
52. Brief (Legal):
A written legal argument or document
presented to the court by attorneys, outlining
the legal issues and arguments in a case.
Explanation: Briefs are submitted to support
legal arguments and provide the court with
relevant case law and precedents.
53. Chain of Custody:
The documented history of the possession,
handling, and control of physical evidence in
a criminal case.
Explanation: Maintaining the chain of
custody is crucial to establishing the integrity
and admissibility of evidence in court.
54. Circumstantial Evidence:
Evidence that does not directly prove a fact
but allows the inference of that fact based on
surrounding circumstances and probabilities.
Explanation: Circumstantial evidence can be
powerful in establishing guilt or innocence.
55. Class Action Certification:
The court's approval of a class action lawsuit,
allowing a representative plaintiff to proceed
on behalf of a group of similarly situated
individuals.
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Explanation: Class action certification
requires meeting specific legal criteria.
56. Closing Argument:
The final presentation of arguments by
attorneys to the judge or jury,
summarizing the evidence and legal
points in a case.
Explanation: Closing arguments aim to
persuade the trier of fact and reinforce the
attorney's position.
57. Conflict of Interest:
A situation in which an attorney or party
has a personal or financial interest that
may compromise their ability to act in the
best interests of their client or the court.
Explanation: Attorneys must avoid
conflicts of interest to maintain ethical
standards.
58. Contingency Fee:
A fee arrangement in which an attorney's
compensation is contingent upon winning
the case, typically a percentage of the
damages awarded.
Explanation: Contingency fees are
common in personal injury cases and
provide access to legal representation for
clients without upfront costs.
59. Counterclaim:
A claim brought by the defendant in a
civil lawsuit against the plaintiff,
asserting that the plaintiff has harmed or
wronged them in some way.
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Explanation: Counterclaims are filed as part
of the defendant's response to the plaintiff's
complaint.
60. Cross-Claim:
A claim brought by one co-defendant against
another co-defendant or a counterclaim
brought by one party against another party on
the same side of the lawsuit.
Explanation: Cross-claims address disputes
or liabilities among parties on the same side
of the case.
61. Defendant:
The party against whom a lawsuit or criminal
charges are filed, responsible for responding
to the allegations.
Explanation: Defendants may be
individuals, businesses, or government
entities.
62. Direct Examination:
The initial questioning of a witness by the
party who called the witness to testify during
a trial.
Explanation: Direct examination allows the
attorney to establish key facts and elicit
witness testimony.
63. Double Jeopardy:
A legal principle that protects individuals
from being prosecuted or punished twice for
the same crime by the same sovereign
jurisdiction.
Explanation: Double jeopardy is a
constitutional protection guaranteed in the
Fifth Amendment of the U.S. Constitution.
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64. Due Diligence (Legal):
The process of conducting thorough
research and investigation to gather
relevant information and assess the merits
of a legal case.
Explanation: Due diligence is crucial for
making informed legal decisions, such as
filing a lawsuit or pursuing a defense
strategy.
65. En Banc:
A legal term referring to a decision made
by a full panel of judges in an appellate
court, rather than a smaller panel of
judges.
Explanation: En banc hearings are used
in significant or controversial cases.
66. Ex Parte:
A legal proceeding or communication
involving only one party, often without
notice or participation by the opposing
party.
Explanation: Ex parte motions or orders
are typically granted in emergency
situations or when immediate action is
required.
67. Exclusionary Rule:
A legal doctrine that prohibits the use of
evidence obtained illegally or in violation
of the defendant's constitutional rights in
a criminal trial.
Explanation: The exclusionary rule aims
to deter unlawful police conduct.
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68. Foreclosure:
The legal process by which a lender takes
possession of a property from a borrower
who has defaulted on a mortgage or loan.
Explanation: Foreclosure allows the lender
to sell the property to recover the outstanding
debt.
69. Grand Jury:
A panel of citizens convened by a prosecutor
to review evidence and determine whether
there is sufficient evidence to bring criminal
charges against a defendant.
Explanation: Grand jury proceedings are
secret and investigative in nature.
70. Habeas Corpus:
A legal remedy that allows a person who is
imprisoned to challenge the legality of their
detention and seek release.
Explanation: Habeas corpus protects
individuals from unlawful imprisonment.
71. Impeachment (Witness):
The process of challenging a witness's
credibility or veracity through evidence that
contradicts their testimony or character.
Explanation: Witness impeachment is a
common trial strategy used to undermine the
opposing party's case.
72. In Camera:
A Latin term meaning "in chambers,"
referring to a private hearing or discussion
held in a judge's chambers rather than in open
court.
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73. Interrogatories:
Written questions and requests for
information exchanged between parties in
a lawsuit during the discovery process.
Explanation: Interrogatories are used to
gather facts and admissions from the
opposing party.
74. Judicial Discretion:
The authority of a judge to make
decisions and rulings based on their
judgment, within the boundaries of the
law and legal precedents.
Explanation: Judicial discretion allows
judges to adapt to unique circumstances
and ensure fairness.
75. Jury Instructions:
Legal guidelines and directions provided
by the judge to the jury regarding the law,
the elements of the case, and their duties
in reaching a verdict.
Explanation: Jury instructions help
jurors understand and apply the law to the
facts presented in the trial.
76. Lien:
A legal claim or encumbrance on
property or assets to secure payment of a
debt or obligation.
Explanation: Liens can be placed on real
estate, personal property, or financial
assets.
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77. Misdemeanor:
A lesser criminal offense typically punishable
by fines, probation, community service, or
imprisonment for less than one year.
Explanation: Misdemeanors are less serious
than felonies.
78. Motion for Summary Judgment:
A request made by a party asking the court to
rule in their favor before trial, based on the
belief that there are no genuine issues of
material fact.
Explanation: Summary judgment motions
can lead to the dismissal of a case or the
narrowing of issues for trial.
79. Negligence Per Se:
A legal doctrine that establishes negligence
based on the violation of a specific statute or
regulation.
Explanation: Negligence per se simplifies
the proof of negligence by relying on
statutory violations.
80. No Contest (Nolo Contendere):
A plea in a criminal case in which the
defendant neither admits nor denies guilt but
accepts punishment without a formal
admission of wrongdoing.
Explanation: No contest pleas are treated
similarly to guilty pleas for sentencing
purposes.
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81. Pardon:
An official act of forgiveness or clemency
granted by a government executive,
typically the president or governor, to a
person convicted of a crime.
Explanation: Pardons can commute
sentences or eliminate criminal records.
82. Perjury:
The act of intentionally providing false
information or lying under oath during
sworn testimony or in an official
document.
Explanation: Perjury is a criminal
offense.
83. Petit Jury:
A trial jury that is responsible for
determining the facts of a case and
rendering a verdict in both civil and
criminal trials.
Explanation: Petit juries are distinct
from grand juries, which are used for
indictment purposes.
84. Plaintiff:
The party who initiates a lawsuit by filing
a complaint, seeking a legal remedy or
redress for a harm or injury.
Explanation: Plaintiffs bear the burden
of proof in civil lawsuits.
85. Preponderance of the Evidence:
The standard of proof in civil cases,
requiring the party with the burden of
proof to establish that their version of the
facts is more likely than not to be true.
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Explanation: Preponderance of the evidence
is a lower burden of proof than beyond a
reasonable doubt.
86. Pro Se:
Latin for "for oneself," referring to
individuals who represent themselves in court
without legal representation.
Explanation: Pro se litigants navigate the
legal process on their own behalf.
87. Reasonable Suspicion:
A standard used in criminal law that requires
law enforcement to have a justifiable reason
to stop and question an individual or conduct
a limited search.
Explanation: Reasonable suspicion is a
lower standard than probable cause.
88. Recusal (Judicial):
The voluntary withdrawal or disqualification
of a judge from a case due to a conflict of
interest, bias, or other ethical reasons.
Explanation: Recusals ensure fair and
impartial proceedings.
89. Restitution:
The court-ordered payment or compensation
by a defendant to a victim to cover financial
losses or damages caused by the defendant's
criminal actions.
Explanation: Restitution is a common
element of criminal sentencing.
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90. Sentencing Guidelines:
Established criteria and rules used by
judges to determine appropriate sentences
for criminal offenders, considering
factors such as the nature of the crime and
the offender's criminal history.
Explanation: Sentencing guidelines
provide consistency in sentencing
decisions.
91. Subpoena Duces Tecum:
A type of subpoena that compels a person
or organization to produce documents,
records, or tangible evidence in a legal
proceeding.
Explanation: Subpoenas duces tecum are
used to obtain documentary evidence.
92. Sua Sponte:
A Latin term meaning "on its own
accord," used to describe a court's action
taken without a request or motion from
the parties.
Explanation: Courts may take sua sponte
actions to address procedural issues or
errors.
93. Testimonial Privilege:
Legal protections that prevent certain
individuals, such as spouses or clergy
members, from being compelled to testify
in court and disclose confidential
communications.
Explanation: Testimonial privileges are
designed to protect sensitive relationships
and communications.
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100 Litigation Terms

94. Tortfeasor: Explanation: Witness immunity

A party who commits a tort or wrongful act
that causes harm or injury to another person
or entity.
Explanation: Tortfeasors can be held liable
for their actions in civil court.
95. Verdict:
The formal decision or finding of a judge or
jury in a trial, determining the outcome of the
case.
Explanation: Verdicts can be "guilty" or
"not guilty" in criminal cases and "liability"
or "no liability" in civil cases.
96. Voir Dire:
The process of jury selection, during which
attorneys question prospective jurors to
assess their qualifications and potential
biases.
Explanation: Voir dire helps ensure an
impartial jury.
encourages witness cooperation in
investigations and trials.
99. Writ of Execution:
A court order authorizing the
enforcement of a judgment by seizing and
selling a defendant's property or assets to
satisfy a debt or judgment.
Explanation: Writs of execution are used
to collect monetary judgments.
100. Zoning Ordinance:
Local government regulations that specify
land use restrictions and zoning
classifications for properties within a
municipality or jurisdiction.
Explanation: Zoning ordinances
determine how land can be used, such as
for residential, commercial, or industrial
purposes.

97. Warrant (Search or Arrest):

A legal authorization issued by a judge or
magistrate that allows law enforcement to
conduct a search, make an arrest, or seize
property.
Explanation: Warrants are based on
probable cause.

98. Witness Immunity:

Legal protection granted to witnesses who
may otherwise incriminate themselves while
testifying in court, ensuring that their
testimony cannot be used against them in
future criminal proceedings.

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The Legal Terms Glossary
100 Litigation Terms

As we reach the conclusion of this comprehensive glossary of litigation and court terms, we
trust that you've found it to be a valuable companion in navigating the complex terrain of the
legal world. From admissible evidence to zoning ordinances, these definitions and
explanations provide insight into the language of law.

Whether you're a legal professional seeking clarity or a curious reader eager to understand
the legal system, may this glossary empower you with knowledge and understanding. The
words contained herein reflect the foundation of justice, dispute resolution, and the protection
of rights.

In the pursuit of justice, may this guide serve as a beacon of understanding and a reference
point for all who seek to comprehend the intricacies of litigation and court proceedings.
Thank you for joining us on this journey through the language of the law.

Farewell, and may your pursuit of justice always be guided by wisdom and fairness.

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