Legal Procedure Legal Terms
Essential legal procedure terms covering court processes, filings, motions, and litigation steps used in civil and personal injury cases.
40 terms in this category
Additur
A court-ordered increase of a jury's damages award when the judge determines the amount is inadequate and not supported by the evidence.
Answer
The defendant's formal written response to a complaint, admitting or denying allegations and raising any defenses.
Appeal
A legal proceeding in which a higher court reviews the decision of a lower court to determine if legal errors were made that affected the outcome.
Arbitration
A form of alternative dispute resolution where a neutral arbitrator hears evidence and arguments from both sides and makes a binding decision.
Burden of Proof
The duty to prove disputed facts, which in civil cases means proving claims by a preponderance of the evidence (more likely than not).
Case Evaluation
A free consultation with a personal injury attorney to assess the strength of your claim, potential damages, and whether to pursue legal action.
Closing Argument
The final oral statement made by each attorney to the jury at the conclusion of a trial, summarizing the evidence and arguing why the jury should rule in their client's favor.
Collateral Source Rule
A legal doctrine preventing defendants from reducing damages by showing the plaintiff received compensation from other sources like health insurance.
Complaint
The initial document filed to start a lawsuit, setting forth the plaintiff's claims, the facts supporting them, and the relief sought.
Default Judgment
A binding judgment entered by the court in favor of the plaintiff when the defendant fails to respond to the lawsuit or appear in court within the required timeframe.
Demand Letter
A formal letter sent to an insurance company or opposing party outlining the facts of the case, injuries sustained, and the amount of compensation being sought.
Deposition
Sworn, out-of-court testimony given by a witness or party that is recorded for later use in court proceedings. Depositions are a key part of the discovery process.
Directed Verdict
A ruling by the judge that takes the decision away from the jury because the evidence is so one-sided that no reasonable jury could reach a different conclusion.
Discovery
The pre-trial phase in a lawsuit where each party can obtain evidence from the opposing party through various methods including interrogatories, depositions, and requests for documents.
Expert Witness
A person with specialized knowledge, training, or experience who is allowed to offer opinion testimony to help the jury understand technical or scientific issues.
Guardian ad Litem
A person appointed by the court to represent the best interests of a minor or incapacitated person in legal proceedings.
Interlocutory Appeal
An appeal of a court's ruling on a specific legal issue that is filed before the case reaches a final judgment.
Interrogatories
Written questions sent to the opposing party that must be answered under oath as part of the discovery process.
Judgment
The official decision of a court resolving a dispute and determining the rights and obligations of the parties. A judgment may award damages, grant injunctive relief, or dismiss the case.
Jurisdiction
The authority of a court to hear and decide a case. A court must have both subject matter jurisdiction (authority over the type of case) and personal jurisdiction (authority over the parties).
Jury Instructions
Written legal directions given by the judge to the jury at the end of a trial, explaining the applicable law and the legal standards the jury must use to reach their verdict.
Mediation
A form of alternative dispute resolution where a neutral third party (mediator) helps the parties negotiate a settlement without going to trial.
Mistrial
A trial that is terminated and declared invalid before a verdict is reached, typically due to a fundamental procedural error, juror misconduct, or a deadlocked jury.
Motion
A formal request made to a court asking the judge to make a specific ruling or order on a particular issue in a case.
Motion for Continuance
A formal request to the court to postpone or reschedule a hearing, deposition, trial, or other legal proceeding to a later date.
Motion in Limine
A pre-trial motion filed by either party asking the court to rule on the admissibility of specific evidence before the trial begins.
Motion to Dismiss
A request asking the court to throw out a case before trial, typically arguing the complaint fails to state a valid legal claim.
Protective Order (Discovery)
A court order that limits the scope of discovery requests or restricts the use and disclosure of sensitive information produced during the discovery process.
Question of Fact
An issue in a case that must be decided based on the evidence presented, typically determined by a jury. Questions of fact involve what happened, who did what, and whether conduct was reasonable.
Remittitur
A court-ordered reduction of a jury's damages award when the judge determines the amount is excessive or not supported by the evidence.
Requests for Production
A discovery tool requiring the opposing party to produce documents, records, photographs, and other tangible evidence relevant to the case.
Service of Process
The formal delivery of legal documents, such as a complaint and summons, to a defendant to provide official notice that a lawsuit has been filed against them.
Settlement
An agreement between parties to resolve a legal dispute without going to trial. Settlements typically involve the defendant paying the plaintiff an agreed-upon sum in exchange for dropping the lawsuit.
Spoliation of Evidence
The intentional or negligent destruction, alteration, or concealment of evidence relevant to legal proceedings.
Statute of Limitations
A law that sets the maximum time after an event within which legal proceedings may be initiated. Once the statute of limitations expires, the claim is typically barred forever.
Statute of Repose
A law that bars lawsuits after a fixed period from a specific event (like product manufacture or construction completion), regardless of when injury occurs.
Subpoena
A court order that compels a person to appear and give testimony at a deposition or trial, or to produce documents and other evidence.
Summary Judgment
A court ruling that resolves a case or specific issues without a full trial, granted when there are no genuine disputes of material fact and one party is entitled to judgment as a matter of law.
Verdict
The formal decision or finding made by a jury (or judge in a bench trial) on the questions of fact submitted to them during a trial.
Voir Dire
The jury selection process during which attorneys and the judge question potential jurors to determine their suitability and identify any biases that could affect their impartiality.
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