AA

Affirmative action.

AKA

Also known as.

Abatement

Reduction or elimination.

Abet

To encourage.

Abrogation

The end or modification of a law.

Abstract

A summary.

Abut

To border something. Nothing between.

Accede

To accept.

Accessory

To assist without participating.

Accord

To agree.

Accrue

To become due.

Acquiesce

To silently agree.

Acquittal

A final legal determination declaring the innocence of one charged.

Actus

An act.

Actus Reas

A wrongful act.

Ad Damnum Clause

The element of the complaint which asks for damages. Also called Prayer for Relief or the Wherefore Clause.

Ad hoc

Latin. For what is at hand. Of the moment.

Ad litem

For the current legal matter.

Additur

When the judge in a case adds to the amount a jury has awarded. Typically, the judge will give the party who must pay the award the choice of increasing the award, or the judge will grant the other side a new trial.

Adjudicate

To judge.

Administrator

One appointed by the court to handle an estate. If named in the will, s/he is referred to as an executor.

Admissible

Whether a jury will be allowed to hear evidence to determine its value. It does not mean believable. The jury is free to believe or not believe the evidence.

Admonition

Advice or reprimand by a judge to a jury, attorney, party or witness.

Advance Sheet

Pamphlet which comes out in advance of the hardbound volume. Most commonly utilized by case law books and Shepard's.

Adverse

Opposed. Against.

Adversary hearing

A hearing where both parties are present to state their respective positions.

Adverse judgment

A judgment against the party represented.

Advisement

Under review.

Advocate

To represent.

Affiant

A person making a representation, or statement, in writing under oath. One who signs an affidavit.

Affidavit

A written statement made under oath testifying to certain facts Affidavits are under oath and if one lies under oath, including in an affidavit, s/he is committing perjury.

Affidavit of Service, Return of Service, Proof of Service

A written statement where one swears that a party (or witness) has been served with legal documents. It must contain the details of the service and is then filed with the court to prove that the papers have been provided to the party in question. For example if a summons and complaint have been served on the defendant and at court on the response date the defendant has not appeared or responded, the court will require proof that the defendant was, in fact, served with those papers. That proof is the Affidavit of Service. (The reason this is critical is that everyone has a constitutional right to be "noticed" as to charges, claims, or allegations being made against him/her.)

Affirm

To uphold or establish. Generally, an appellate court may choose to uphold, or affirm, the trial court's decision if the appellate court agrees with the trial court's reasoning.

Affirmative Defense

When a defendant affirms or admits that some allegation did occur, but defends the act by explaining that the fault lies somewhere else. (Does not require a response by the plaintiff.)

Aforethought

In advance of.

Aggravated assault

A more serious form of assault. Often means assault with a deadly weapon.

Aid and Abet

To assist or encourage someone to commit a crime.

Alien

Not a citizen of this country.

Alienation

To transfer or dispose of.

All fours

Relevant. Two cases, your client's and one found in the law library, which are significantly similar. Also referred to as on-point.

Allege, or allegation

To charge, or claim.

Allocate, or allocation

To divide or assign.

Alternate juror

A juror who sits through the trial, but does not deliberate unless another juror has been removed.

Alternate writ

Similar to a show cause order. A court's demand that a person appear and explain something, such as absence from a previous hearing.

Ambulance chaser

A lawyer who solicits work from those recently injured or in dire need of representation.

Ambulatory

Movable

Amend, or amendment

To change or alter.

American Law Reports (ALR)

An annotated reporter by Lawyer's Cooperative Publishing Company.

American Jurisprudence, 2d

National legal encyclopedia by Lawyer's Cooperative Publishing Company.

Amicable

Friendly. Agreeable.

Amicus curiae

"Friend of the court." As in an amicus curiae brief, a legal memo filed by a non-party who has information or opinions which may be instructive to the court.

Amnesty

To wipe out or clear a record.

Amortization

Paying off a debt in equal, regular payments.

Analogous

Very similar.

Ancillary

Supplemental, but connected.

Annex

Attach or attached.

Annotation

A note or commentary. Often refers to American Law reports, an annotated reporter.

Annuity

A fixed sum of money paid to a person at fixed times, such as yearly.

Answer

The document which responds to the allegations contained in the Complaint. Must be filed in a specific period of time after service has been effectuated. The Answer may also contain the defendant's Affirmative Defenses, Counterclaims, and Cross Claims, if there are any.

Ante

Before.

Antenuptual agreement

A contract between two persons about to marry regarding property settlement in the event of divorce.

Antitrust acts

Statutes passed to discourage monopolistic practices.

Appeal

To ask a higher court to determine the fairness of the result of a trial.

Appearance

The formal representation in court on behalf of another.

Appellant or Petitioner

Usually, the party who loses at the trial level generally initiates the appeal and is the appellant.

Appellee or Respondent

The party who wins at the trial level. The party whom the appeal is brought against.

Appellate brief

A document filed with an appellate court arguing whether a trial was fair. The appellant, or petitioner, will argue that the trial court erred. The appellee, or respondent, will argue that there were no errors, or if there were, they did not affect the fairness of the trial. This is often referred to as harmless error.

Appellate Level Courts

There are two levels of courts; trial level and appellate level. Trial level courts are where the action is initiated and facts and evidence are presented There is one judge and often a jury. Appellate courts review trial court decisions by reviewing the record to determine whether the trial court erred. Appellate level courts have multiple judges. There are two kinds of appellate level courts; the Court of Appeals, or Appellate Court, (state & federal) and the Supreme Court (state & federal).

Appraisal

Estimate of value or worth.

Appreciate

Increase in value.

Appropriation

Setting aside of funds by legislature.

Arbitor

One who acts as a referee in a dispute, usually arbitration.

Arbitrary

Done in bad faith, or without good cause.

Arbitration

Settling a dispute out of court by presenting arguments to a person acting as arbitrator. The arbitrator makes the decision, which may or may not be binding, depending on the situation. For example, some states have mandatory arbitration, meaning that before going to court, parties must submit to arbitration. State ordered mandatory arbitration can not be binding, however, since a court can not refuse a party's right to a trial in court. There are examples of binding arbitration. For instance, in major league baseball, if a player and an owner disagree on a player's value, they may go to an arbitor, whose decision will be binding and may not be appealed.

Argumentative

Stating not just facts, but also conclusions. Usually controversial.

Arraign, arraignment

To bring a person before a judge to be informed of charges and to enter a plea.

Arrears

Money owed which is past due.

Arrest

The seizure of a person by the government to answer to criminal charges.

Arson

Unlawful burning of a building or structure.

As is

Sold without guarantee or representation as to condition.

Ascendants

Parents, grandparents, great-grandparents, etc.

Asportation

Taking or carrying something unlawfully.

Assault

The threatening by word or movement sufficient enough to make the person threatened feel in danger.

Assess

To set value.

Assetts

Money, property, and anything else of value.

Associate

Non-partner attorney.

Associate justice

All justices on an appellate court except chief justice.

Assumpsit

Latin for "He promised." Claim of an obligation.

At bar

Presently before the court.

At issue

A question to be answered by the court.

Attachment

Formal seizure of person or property.

Attainder

The wiping out of civil rights due to conviction of a felony, or the sentencing to death, allowing the government to seize property.

Attest

To swear to.

Attorney-Client Privilege

A client can refuse to testify as to communication between the client and his/her attorney. The client can also prevent her/his attorney from testifying.

Attorney Work Product

Doctrine by which material collected in anticipation of litigation by an attorney is not required to be produced by way of discovery.

Attractive nuisance

Creating an inviting or tempting atmosphere around a source of potential danger.

Authentication

Certifying that a document is official.

Authority

The power to take some action. Also that which is relied upon in making a legal argument, such as primary or secondary, mandatory or persuasive authority.

Aver

Allege or assert.

Avoidance

To evade.

Avowal

Offer of proof.

Award

To grant money.

BNA

Bureau of National Affairs, a private publisher of legal materials.

Bad faith

To enter into an agreement with no intention of fulfilling the obligations of that agreement.

Bait and Switch

Unlawful advertising technique whereby one item is publicized, but when the customer appears, another item is offered.

Bankruptcy

Under authority of the Federal Bankruptcy Act, individuals and companies may be relieved of most of their debt. Chapter 7 is the total discharge of debt, Chapter 11 is reorganization of a business's debt, and Chapter 13 is reorganization of an individual's debt.

Battery

The intentional physical intrusion upon the body of another.

Bench

Judges are collectively referred to as "the bench."

Beneficiary

A person or organization who benefits, usually money.

Bequeath

To grant or give.

Best evidence rule

Doctrine whereby the original, or best available, evidence should be presented at court.

Beyond a reasonable doubt

Burden of proof in a criminal case. A jury must be fully assured within their own minds that a person committed a crime.

Bias

The potential for unfairness due to preconceptions, lack of open-mindedness, or prior involvement in a case.

Bifurcate

To separate.

Bigamy

To be married to two or more people at the same time, which is a crime.

Bill of Particulars

A specific listing of charges or claims. Requested by the accused or defendant.

Bind

To hold over. A legal obligation.

Black letter law

Basic legal principles

Blue Book

Common name for A Uniform System of Citation.

Blue law

A law preventing certain activities on a Sunday.

Boilerplate

Standardized legal language, often referred to as legalistic.

Bona fide

Good faith.

Breach

To break or fail to fulfill a promise or commitment.

Breach of Contract

Failure to fulfill written or oral agreements.

Brief

A written argument. Also, to brief a case is to provide a summarization of the case's facts and analyze it as to a specific legal issue.

"But for" rule

"But for" the actions of the defendant, the plaintiff would not have suffered damages. Required to establish negligence.

CA

Court of appeals. An abbreviation often used in such materials as digests.

CCA

Circuit court of appeals. An abbreviation often used in such materials as digests.

CCH

Commerce Clearing House. A publisher of legal materials.

CFR

Code of Federal Regulations.

CJS

Corpus Juris Secundum. A national legal encyclopedia by West Publishing.

CPA

Certified Public Accountant.

Camera

Room or chambers. If arguments are heard in camera, it means the arguments will be heard in the judges chambers.

Canon

A doctrine, principle, rule or law.

Capricious

An act not based on ration or law.

Caption

Heading of a legal document. The caption of a pleading contains the court, parties, and title of document. The caption of a memorandum contains who the document is to, from, what it is about, and the date. The caption of an opinion (case) consists of the title (most likely the parties involved), the court issuing the opinion, the docket number, and the date of the opinion.

Carnal knowledge

Sexual intercourse.

Cartwheel

A legal research technique designed to locate relevant topics within an index.

Case

Refers to a legal dispute. It sometimes means the matter an attorney or paralegal is working on for the client, such as in " Our client's case is going to trial next week." Other times, a case may refer to an opinion, which is a written decision of the court such as Roe v. Wade.

Casualty

Injured, harmed or damaged.

Cause of action

A lawful reason to bring legal action.

Caveat

A warning. It means beware.

CD-ROM

Compact Disk Read-Only Memory.

Cede

To transfer or assign.

Censure

A formal reprimand.

Certificate of Mailing (COM)

When a document is filed with the court, or when discovery is sent to a party, a certificate of mailing is usually attached It attests to the fact that a true and correct copy of that document was sent to all parties involved in the litigation. It should be signed by the person who actually places it in the mail, although some states require an attorney signature on the Certificate of Mailing. The court will usually consider the certificate a good faith attempt to notify other parties even though it is not sworn to under oath. Often replaced with a Receipt of Copy (ROC).

Certiorari

Latin term meaning to make sure or certain, often related to the process by which an appeal is taken from one level of appellate court to the next highest level of appellate court. Also see writ of certiorari and appeal.

Chain of evidence

When police or prosecutors attempt to preserve the chain of evidence, they are attempting to guarantee the accuracy and value of the evidence, insuring that the evidence has not been tampered with or contaminated.

Challenge

To object.

Chambers

A judge's office.

Charge

To make a claim or allegation. May also refer to a judge's instruction to the jury.

Charter

An organizational beginning document, establishing a basic structure of the organization or local government.

Choate (pronounced ko-ate)

To be complete. Will stand up against any future claims.

Circuit

A geographical or subject matter related jurisdictional court boundary.

Circumstantial evidence

Evidence of one fact which requires an inference to establish another fact.

Citation, or cite

An address to a written reference, such as Smith v. Jones, 921 P.2d 934 (Colo. 1990). When used in this manner, it may be referred to as a cite. May also refer to a summons or call to appear, which is why many states refer to traffic tickets as citations.

Cite checking

To ensure the accuracy of citations within a legal document, both as to form of the cite and the substance of the quote.

Cited material

Material mentioned (cited) by other material, such as a case being cited in another case.

Citing material

Material which mentions, or cites, other material, such as a case citing another case.

Civil Law

A violation of civil law does not directly harm the community and therefor, the person harmed must sue the violator.

Claim

To demand, assert or allege.

Class action

A lawsuit brought on behalf of a group or class of plaintiff's, such as suing the company which manufactured asbestos to obtain monetary damages for all those harmed by the substance.

Clayton Act

A 1914 law extending the Sherman Act's prohibition against monopolies.

Co-defendant

More than one defendant being sued in the same legal action. In a civil case, the co-defendant may be named in the original complaint, or, if the defendant files a Third Party Complaint, the third party becomes a co-defendant.

Codicil

A supplemental modification to a will.

Codified

To arrange statutory material by topic.

Coercion

To compel unfairly or force.

Cohabitation

To live together.

Collateral

A side issue, may be or may not be relevant to the main issue, but somehow connected. Also may refer to money or property used to secure a loan.

Colloquy

A private discussion between lawyers and the judge.

Collusion

To conspire to cheat or defraud.

Common law

Judge-made law, or case law. May also refer to laws derived from the English common-law system.

Comparative negligence

Doctrine where the amount of damages awarded is proportional to each party's level of negligence. For instance, if the jury awards $100,000 damages, but determines that the plaintiff was 25 percent responsible due to some of her own negligence, the plaintiff will receive $75,000 dollars. See contributory negligence.

Compensatory damages

An award of money to compensate for actual monies lost, as opposed to punitive damages.

Competent

In legal terms, this means qualified. For a witness to be found competent to testify, he must:

1. Understand the obligation to tell the truth
2. Have the ability to communicate
3. Be knowledgeable as to the subject of his testimony

Complaint

The pleading which initiates the legal action and sets forth the general allegations against the defendant. The plaintiff does not argue his entire case in the complaint, but sets forth his claim in a skeletal fashion. The Complaint is usually served with the Summons. In some states, a complaint is called a Petition or Motion for Judgment.

Compulsion

By force or duress.

Concur

To agree.

Concurrent

Together.

Concurring Opinion

Opinion of one or more judges which agrees with the results of the majority, but arrives at that result for differing reasons.

Consent

To agree voluntarily.

Consequential damages

Indirect damages. Sometimes called special damages.

Conservator

Someone appointed to oversee another person and his or her estate because that person has been declared incompetent.

Consideration

Each party must receive something of value, in other words consideration, at the signing of a contract. Without consideration for both parties, a contract is invalid.

Consortium

Often referred to as the marital relationship, but may also refer to the relationship between other individuals, usually family members. Loss of consortium is the loss of that relationship.

Conspiracy

Two or more persons plotting an unlawful act.

Constitute

To make up or consist of.

Constitution

The fundamental and highest form of law.

Constitutional

Not in violation of the principles established by the Constitution.

Constructive

Inferred. Implied. Constructive desertion, for instance, means that by the actions or in-actions of one, another has been forced to leave, such as when a husband beats his wife.

Contest

To challenge or oppose.

Contingent Jurisdiction

When multiple courts have potential jurisdiction over a legal dispute.

Continuance

To postpone.

Contingent fee

Fee for attorney dependant on a percentage of the amount, if any, awarded at court.

Contract

A lawful agreement between two or more parties.

Contributory negligence

Doctrine where the defendant can escape liability by establishing at least some negligence on the part of the plaintiff. See comparative negligence.

Controvert

To dispute.

Conversion

To transfer. Often referring to the preventing of the rightful use of property by its owner.

Conveyance

Transfer of title of property.

Corroborate

To verify or confirm.

Corpus Juris Secundum (CJS)

A national legal encyclopedia by West Publishing Company.

Counsel or counselor

Attorney.

Count

Each separate charge or claim.

Counterclaim

A claim by the defendant against the plaintiff. It is usually contained in the defendant's Answer. Since, in function, it is equivalent to the defendant's Complaint back to the Plaintiff, it requires a response by the plaintiff to any new allegations made. (See Reply)

Covenant

Agreement or promise.

Creditor

One to whom money is owed.

Criminal Law

A violation of criminal law is viewed as harming the community, and therefor, the state acts against the violator. Penalties for violating criminal law include fines and imprisonment. One can be sued civilly and charged criminally.

Cross Claim

A claim made by one co-defendant against another The most common form of a Cross Claim is the Third Party Complaint. While it is often contained in the Answer, the Third Party Complaint can sometimes be a separate document.

Cross Examination

After direct examination, the other party may cross examine the witness, but must limit her/himself to the topics brought up under the direct questioning.

Cumulative

A supplement that combines previous supplements with new material. It may take the form of a pocket part of a separate softbound pamphlet. See supplement.

Curia

Latin for court.

Curriculum vitae

Latin. Resume.

Curtilage

An area surrounding a house used for household purposes.

DBA

Doing business as.

Damages

An award of money paid to compensate for harm done. Also, the "harm" itself.

Debtor

A person who owes money.

Decedent

Dead person.

Decennial Digest

A West Publisher's digest collecting all digested material over a ten year period.

Decision

Opinion or case. Written opinion of the court.

Declaratory judgment

Judge's determination of specific rights or obligations of parties without awarding damages or granting relief.

Deep pockets

Ability to pay large amount of damages.

De facto

In fact. An actuality.

Defamation

The diminishing of one's reputation or standing in the community. Libel is written defamation. Slander is spoken defamation.

Default

To voluntarily refuse to respond or act.

Default judgment

When judgment is based on the fact that one of the parties fails to appear or respond within the statutory amount of time.

Defendant

The party against whom an action is brought.

Defraud

To cheat.

Delectus personae

Latin for choice of persons. Imparts the right of one partner to approve or choose other partners.

Deliberate

To consider.

Delinquency

An omission or failure.

Demand

A forceful claim.

Demurrer

A motion to dismiss without answering specific allegations in the complaint. Argues that even if those allegations are true, a cause of action has not been established. Most states now prohibit demurrers, however attorneys still use the phrase in a manner synonymous with a motion to dismiss.

Depositions

Oral questions which must be answered under oath Depositions usually take place out of court, most often in an attorney's office with a court reporter transcribing the testimony. Attorneys from both sides must be present and both will have the opportunity to ask questions. Depositions can take place for the purpose of questioning the opposing party or for the purpose of questioning witnesses. Video taped and audio taped depositions are sometimes taken.

Deposition Digest (or Summary)

Taking each page of a deposition and providing a summary of material on that page.

Deposition Index

Listing of the most critical events, people, places, or things in alphabetical order and indicating what pages those matters are referred to in the deposition.

Detainer

Unlawful keeping of another's property.

Dictum

Remarks by the judge not part of specific orders or rulings.

Digest

West Digests are collections of headnotes arranged in topical order. Also, to digest a deposition is to summarize each page.

Direct Evidence

Evidence (usually from personal observation) that tends to establish a fact without the need of an inference.

Direct Examination

Questioning the witness first. The party that calls the witness to the stand conducts the direct examination.

Disbar

To take away an attorney's right to practice law.

Discharge

To release.

Disclosure

To make available to the other side.

Discoverable

Material or information which must be disclosed to the other side during the discovery process.

Discovery

The devices whereby one party obtains relevant information on a case from the other party. The method which attempts to even the playing field between parties by exposing all relevant facts upon which the court will ultimately base its decision. Discovery is generally between the parties and does not directly involve the court, although the Certificate of Mailing for each document is often filed. Methods of discovery include Interrogatories, Request for Admissions, Request for Production of Documents, Request for Mental or Physical Examination, and Depositions.

Dismissal without prejudice

When a court dismisses a case due to a procedural error. The parties are free to bring the case again once the procedural errors are corrected since the court has not "made up its mind" about the case.

Dismissal with prejudice

Dismissal of a case that may not be re-litigated since the court has found cause not to allow the action to proceed.

Disposition

Final determination.

Disqualify

To declare unsuitable.

Dissent

To oppose or disagree.

Dissenting Opinion

Opinion which disagrees with the majority.

Distinguish

To point out differences.

Distress

Forced or troubled.

Diversity of citizenship

A federal court usually has jurisdiction only in cases involving federal questions or when the U.S. is a party. The major exception occurs when the parties involved in litigation are citizens of different states and the damages requested exceeds a minimum set by federal statute, which is currently $50,000.

Docket

A list of cases the court is to hear on a given day.

Domicile

A permanent home.

Donee

Person receiving a gift.

Donor

Person making a gift.

Duress

Unlawful pressure.

Duty

An obligation.

ED

Eastern District.

EEOC

Equal Employment Opportunity Commission.

Earnest money

A deposit paid to show good faith.

Effects

Personal property.

Emancipation

To declare free.

Embezzlement

To secretly and fraudulently take money.

Eminent domain

The power of the state to take possession of private property for public usage when it is deemed in the best interest of the community as a whole. Consent of the private property owner is not required, but just compensation must be paid.

En Banc

When the entire court sits to hear a case. Tends to indicate a higher degree of importance in the case.

Enact

To create or put into effect.

Enacted law

Law created by a legislature.

Enjoin

To require.

Enlarge

To extend.

Equitable

Just or fair.

Equity

Value of property minus all debts against it. Also, courts in equity refer to the determination of legal disputes which have no controlling statutory authority.

Erratum

Mistake.

Establish

To prove.

Estate

The property and monies controlled by a person.

Ethics

Standards of behavior.

Evidence

That which tends to prove or disprove a fact in issue.

Ex post facto

Latin. After the fact.

Examination

Questioning witnesses, generally under oath.

Excuse

To dismiss.

Executive Branch

The branch which enforces, or executes, the law. The highest Federal entity is the President. The highest State entity is the Governor.

Executor

One who is named in a will to administer an estate.

Executory

Incomplete. Still to be completed.

Exemplary damages

Same as punitive damages.

Exemptions

Every state sets limits on percentages or amounts which can be attached. These are called exemptions. For example, in some states, only up to seventy-five percent of a judgment-debtor's salary can be garnished. The remaining twenty-five percent is exempt.

Exhibit

Something presented as physical evidence at trial.

Exonerate

To clear.

Ex parte communication

To communicate with the court without notifying the other side as to the contents of that communication, which is generally not allowed.

Ex parte hearing

A hearing at court where only one party is present. Temporary Restraining Orders (TRO) are heard ex parte. A garnishment is an example of an ex parte action.

Expert witness

A witness called to testify about a specific area relevant to the trial, such as a fingerprint expert, or a doctor. An expert must be qualified by the court.

Express

Clearly defined.

Extortion

Illegally comparing one to pay money.

F. or F.2d or F3d

Federal Reporter Series

FRCP

Federal Rules of Civil Procedure

Fact pleading

Some states require a listing in the complaint of all major facts anticipated to be in dispute at trial. These are referred to as fact pleading states. See Notice pleading.

Failure of consideration

Failure of one party to receive value at the time a contract is entered into.

Feasance

Doing an act.

Federal

National.

Felonious

An act intended to commit a serious crime.

Felony

A serious crime.

Fiat

Latin for "let it be done." Command.

Fiduciary

A person or entity responsible for the money, property, or well-being of another. Imparts a higher standard of care due to the potential exposure of the client.

Followed

Used as precedence.

Forebearance

To refrain.

Forensic

Having to do with the law.

Foreseeability

When a consequence to an act should have been considered.

Forfeit

To give up the right. To lose.

Formbook

Legal reference book with checklists, forms and examples of documents and procedures. A how-to legal book.

Fornication

Sexual intercourse.

Fortuitous

Accident, or by chance. Does not indicate good fortune or luck.

Fraud

Cheat.

Frivolous

Worthless. Legally groundless.

Full faith and credit

The doctrine by which one state will honor the laws and judgments of another state.

GPO

Government Printing Office.

Gag order

A judge's order that prevents parties and attorneys from publicly discussing a matter before the court.

Garnishment

Attachment of part of a judgment-debtor's salary is automatically turned over to the judgment-creditor until the judgment is satisfied. A judgment is required in order to garnish wages.

Grand Jury

Special jury impaneled to hear evidence from a prosecutor and determine whether there is enough evidence to return an indictment against a defendant to bring him to trial.

Guilty

Responsible for a crime.

HB

House bill.

Habeas Corpus

Latin for "You have the body." A Writ of Habeas Corpus demands the bringing of a person to court.

Headnote

Summary of a portion of a case provided by the publisher at the beginning of a case.

Hearsay Rule

In-court testimony of an out-of-court statement made by someone other than the in-court witness for the purpose of establishing the truth of matters asserted. In determining hearsay, the question of credibility lies with the out-of-court asserter.

Exceptions to the Hearsay Rule

Hearsay is inadmissible in court unless it falls under one of the hearsay exceptions. These exceptions are found in the Rules of Evidence.

 

 

 

Holograph or holographic

Handwritten.

Homicide

Taking the life of another. May be murder, manslaughter, or not a crime at all.

Hon.

Honorable.

Honor

To abide by.

Hornbook

A book, usually for law school students, regarding a specific, individual area of law.

Hostile

Against. Adverse.

Hung jury

A jury which cannot reach a verdict.

ILP

Index of Legal Periodicals

Id. or ibid.

Latin for the same. May refer to something found on the same page.

Illegitimate

Contrary to the law.

Illicit

Unlawful.

Immaterial

Trivial, unimportant, or irrelevant.

Imminent

Immediate, or about to occur.

Immunity

To excuse from liability.

Impanel

To formally appoint a jury.

Impeachment

To show that a witness is mistaken or lying.

Impediment

A legal obstacle.

Impertinence

Claim that some evidence may be relevant to the issue being discussed, but that the issue is irrelevant to the trial.

Implied

Indirect awareness.

Imputed

Treated as if.

In camera

In the judge's chambers.

In forma pauperis

Latin for "as a pauper." To be allowed to sue without court costs.

In limine

Latin for preliminary. A Motion in Limine is a motion to exclude certain evidence.

In loco parentis

Latin, meaning acting in place of the parent for the benefit of the trial.

In perpetuity

Forever.

In re

Latin. In the matter of. In regard to.

Inadmissible

Evidence not to be considered by the jury.

Inalienable

Rights which cannot be taken away.

Inchoate (pronounced in-ko-ate)

Incomplete. Not due yet.

Incite

To urge or encourage.

Incompetent

Lacking the legal capacity to testify or perform at a certain standard.

Incur

To receive a burden, such as debt.

Indemnify

To compensate or promise to compensate.

Indeterminate

Without a fixed time period.

Indictment

Formal accusation against a person of a crime by a grand jury.

Inducement

Promise or statement that persuades another to enter into an act or agreement.

Infirmity

A defect or diminishment.

Informed consent

Approval of an act where the approval is based upon a belief that all relevant information has been disclosed.

Information

A document which alleges that a defendant has committed a crime, as opposed to an indictment by a grand jury.

Infra.

Latin for to follow or below.

Injunction

Court order to refrain from something.

In Personam Jurisdiction

Jurisdiction over the person.

In Rem Jurisdiction

Jurisdiction over the controversy, often property. Also see Quasi in rem jurisdiction.

Instant

Present or current. The instant case is the case being discussed at the present time.

Intent

Indicates that an act was committed on purpose.

Intentional Infliction of Emotional Distress

Doing mental or psychological harm by act or omission.

Interrogatories

Written questions to the opposing party which must be answered under oath. (Example: Describe the events that led up to the accident.)

Intervenor

One who voluntarily becomes part of a lawsuit already ongoing. The act is known as an intervention.

Intervention

An additional party (intervenor) having an interest in the outcome of a lawsuit may attempt to intervene and become part of the suit by filing a motion to intervene with the court.

Intestate

To die without a valid will.

Intra

Within

Invitee

One who is enticed or invited onto property.

Involuntary manslaughter

The unintentional killing of another.

Ipso facto

By the fact itself.

Interlocutory appeal

An appeal made prior to or during a trial asking the higher court to provide a ruling on limited issues, not to determine final judgment. A party must receive approval of the trial court to proceed with an interlocutory appeal.

Issue

A question of law. When something is "at issue," it is a matter that will ultimately be decided by the court.

J.

Judge.

JP

Justice of the peace.

Jeopardy

In danger or exposed to hazard or liability.

Joinder

Joining together.

Joint and several liability

Liable individually and collectively. When there are multiple defendants, if only one has the ability to pay damages, he or she may be liable for all of the damages, not just a percentage.

Judgment creditor

Party that is awarded damages at trial.

Judgment debtor

Party that must pay damages after a trial.

Judicial Branch

The branch which interprets the law. The State and Federal court systems make up the Judicial Branch.

Jurisdiction

The power of a court to hear and decide a case.

Key Number System

Legal research system by West Publishing Company.

L.Ed. and L.Ed.2d

United States Supreme Court Reports, Lawyer's Edition, by Lawyer's Cooperative Publishing Company.

Laches

The doctrine that enforcement of a legal right can be delayed so long as to make it non-enforceable.

Landmen

Paralegals who work in the area of oil and gas law. Specific skills as to geography and geophysical terminology are generally needed.

Larceny

Stealing.

Law

The rules, standard, and enforceable expectations of society.

Law review

Law school published legal periodical.

Lay

Non-professional.

Leading question

A question which demonstrates the desired response.

Leave

Permission. By leave of the court means with permission of the court.

Legal advise

Applying the law to a specific set of client facts, and relaying that information to the client. Only a lawyer may provide legal advise.

Legal analysis

The application of the law to facts.

Legalese

Old fashioned, legal jargon. Often confusing, even to attorneys.

Legal Dictionary

Dictionary of legal terms, such as Black's or Barron's.

Legal Periodical

Law reviews, loose-leafs, and journals by law schools, bar associations and private publishers which are published at regular intervals.

Legislative Branch

The branch which creates, or enacts, the law. On the Federal level, Congress is the highest entity. On the state level, the State Legislature is the highest entity.

Lessee

A person leasing something from someone.

Lessor

A person leasing something to someone.

Liable, Liability

Responsible for.

Lexis

A computerized legal research system.

Libel

Written defamation.

Limitation

A restriction.

Limited liability

Limiting exposure to lawsuits, usually limiting financial exposure to the amount of interest the individual has in the corporation being sued.

Liquidate

To pay of or eliminate a debt.

Lis pendens

A lis pendens is an announcement attached to the title of a piece of property informing that there is litigation pending that may affect the title of that property. It's purpose is to thwart transfer of the title, and to protect the rights of parties in litigation as to the ultimate disposition of the title.

Litigation

To sue.

Loose-leaf service

A three ring or post binder containing material which is sent out periodically as opposed to a hardbound publication.

MD

Middle District

Magna Charta

An English document which in 1215 gave specific rights to individuals for the first time.

Majority Opinion

The strongest form of opinion. When more than 50% of the court agrees on a decision. A majority opinion is usually law until it is superseded or overturned.

Malfeasance

A public official committing a wrongful act.

Malice

With bad intentions.

Malicious Prosecution and Abuse of Process

Forcing a party to defend herself against warrantless prosecution.

Mandamus

Latin for "command." May be an order by one branch of government instructing another branch to do something.

Mandatory authority

Authority which the court must rely upon in reaching its decision.

Manslaughter

Killing without malice.

Martindale-Hubbell

Kind of a yellow pages for lawyers.

Mediation

A manner of settling a dispute without going to court. Where a third party attempts to find a satisfactory resolution to the dispute.

Memorandum opinion

Very brief opinion, not much longer than the caption, which simply informs as to the appellate courts disposition of a case, such as "Rehearing denied," or "Writ of Certiorari Granted."

Mens rea

Mental intent. Latin for "guilty mind."

Miranda warning

The right to remain silent. The warning must be given by the police to someone once the person is suspected of a criminal act if the police want to use any statements made at trial. Based on the U.S. Supreme Court case of Miranda v. Arizona.

Misfeasance

A lawful act which is improperly done.

Misprision

Failure to carry out a public duty.

Misrepresentation

Deceit. Knowingly misleading another.

Mistrial

Ending a trial due to a procedural error. The case may usually be brought again.

Mitigating circumstances

Facts that may limit the level to which one is held responsible.

Mitigating damages

A party who has been damaged has the responsibility to attempt to limit the furtherance of those damages. For instance, if Party A injures Party B, but Party B refuses medical treatment for a week causing the injuries to worsen, Party A will not be liable for the damages which could have been mitigated by proper medical attention.

Modify

When the appellate court alters the decision of the trial court.

Monition

A warning by a judge.

Motion, or move

A request that the court take some sort of action. It may be written or oral.

Motion for continuance

A motion to postpone a date set for trial.

Motion for protective order

A motion filed in response to some action or conduct by the opposing party asking the court for some sort of relief. For instance, if one party feels that discovery requests are unfair, this motion may be filed.

Motion for Directed Verdict

Motion during the trial made by a party asking that the judge enter judgment on behalf of her/his client due to the fact that the other party has failed to establish a prima facie case, thereby foregoing the need to consult the jury (if there is one).

Motion for Judgment NOV

(Non Obstante Verdicto, or Not Withstanding the Verdict) A motion made after the jury has returned its verdict which asks the judge to enter a judgment opposite the verdict reached by the jury.

Motion for New Trial

A motion that the court grant a new trial based on procedural errors made during the trial.

Motion for Summary Judgment

A motion made before trial requesting the court to enter judgment on behalf of a client without going through an entire trial based on the fact that there are no material facts in dispute, only issues of law. The argument is that since the jury is the "trier of fact," and since there is no material fact in dispute, the court does not need the jury to apply the law since the court is the "trier of law," and therefor, the court should enter judgment without going through a trial. A Motion for Summary Judgment may also be filed to try and limit the issues that will be determined at trial.

Motion to dismiss

A request to end a case without going through a trial, or to end a trial in progress.

Motion to compel

A motion filed asking the court to require that the other party perform some act, such as answering discovery requests or producing a witness for questioning. If the court agrees and issues an order, in the other party ignores the order, the court may find that party in contempt.

Motion to dismiss for lack of prosecution

If a plaintiff takes no action on a filed matter for an extended period of time, a defendant may choose to file this motion. It is at the discretion of the court to determine how much time or delay warrants a granting of this motion.

Murder

The unlawful killing of another, with premeditation or malice.

NALA

National Association of Legal Assistants.

N.E. or N.E.2d

North Eastern Reporter

National Reporter System

West Publishing Company's series of case law books, made up of regional reporters.

Negligence

Establishment of a duty, followed by a breach of that duty, and an establishment of damages. (For compensation to be awarded, it must be established that the negligence was the proximate cause of the damages.)

Negligence per se

Negligence while violating the law.

Next friend

One appointed to act in the interest of a child without being a guardian.

No contest

See nolo contendere.

Nolle prosequi

Latin. The prosecution decides not to prosecute.

Nolo contendere

When a party enters a Nolo Contendere, or No Contest, plea, s/he is refusing to contest the charges, but is not admitting to any guilt. However, a person entering such a plea can be sentenced as though s/he had entered a guilty plea.

Non-authority

Authority which the court would not rely upon, such as invalid authority, digests, or Shepard's.

Non prosequitur (non pros.)

Latin for "does not follow-up." When the plaintiff fails to act on a filed lawsuit for an extended period, the defendant may be granted a favorable judgment.

Notary public

A person authorized by the state to witness and verify signatures and administer oaths.

Notice

Knowledge of facts, or being informed.

Notice of Appeal

The vehicle by which the case is taken from the trial court to the appellate court. The Notice of Appeal is typically filed with the trial court and copies sent to the other parties and the appellate court to which the appeal is being taken.

Notice pleading

States which only require that a complaint generally notice the defendant of the allegations being made are called notice pleading states, as opposed to fact pleading states.

Null

No longer legally valid.

Nunc pro tunc

Latin for "now for then." When something is done now, but the court declares that for all legal purposes, it shall be treated as though it occurred then.

Nuncupative will

Oral will.

Oath

To swear.

Obligation

A duty imposed by a contract.

Obligee

A person to whom a legal duty is owed.

Obligor

A person owing a legal duty.

Of counsel

A lawyer who is not a member of a firm, but has a business relationship with the firm involving representing common clients. Also, when an attorney represents a client, he is of counsel for that client.

Officer of the court

Judge, bailiff, sheriff, etc. are officers of the court. Lawyers are also officers of the court and have a fundamental obligation to uphold the integrity and expectations of the court.

Official

Published by or under authority of the government.

Official Reports

A law book containing opinions of the court, also called cases. A report, as opposed to reporter, is generally official, meaning it is published by or under authority of the state.

Opinion

Written decision of the court.

Oral Evidence

Evidence given verbally. Also called testimonial evidence.

Original jurisdiction

The first court to hear a specific legal matter.

Overt

In the open.

P. or P.2d

Pacific Reporter, 2d Series

Paralegal

A non-lawyer performing legally related tasks that require specific legal skills, usually under the supervision of an attorney.

Parallel cite

An additional publication which publishes the same case.

Parol

Oral. Not written.

Parol evidence rule

Oral evidence may not be produced as evidence to controvert written evidence if the written document was intended to be a complete statement as to the agreement.

Parties

Individuals, groups, or entities involved in a legal action.

Pecuniary

Monetarily related.

Per curiam

By the court. When the whole court is taking credit for writing the opinion as opposed to an individual justice.

Perjury

Lying while under oath.

Perpetuating testimony

Allowing previously taken testimony to be presented at trial. Usually a deposition of a seriously ill person.

Personal service

Service of legal papers upon an individual as opposed to a corporation, business, or registered agent.

Petition

To make a formal request to the court. In some court actions, such as a divorce or probate case, a petition initiates the legal proceedings. Also, in some states, such as Texas, a petition is a complaint.

Physical Evidence

Evidence which can be touched. Also called tangible or demonstrative evidence.

Pinpoint citation

Citing not just the page on which a case begins, but the specific page on which a quotation appears. For example, if a lawyer quotes the case of Smith v. Jones in a memorandum or a legal document, the cite would look appear as follows: Smith v. Jones, 453 F.2d 390, 393 (9^th Cir. 1986). This informs the reader that the case of Smith v. Jones is found in volume 453 of the Federal Reporter, Second Series, and that the case begins on page 390. It also pinpoints 393, the page on which the quotation appears.

Plain view doctrine

Police do not need a warrant to initiate a search or investigation based on something that was observed in plain view. For instance, if a police officer knocks on a door to return lost property, and upon the opening of the door sees a bag of marijuana, the officer does not need a warrant to proceed.

Plaintiff

The party who initiates the suit. The party making the initial claims or allegations.

Plea Bargain

When the accused and the prosecutor in a criminal case negotiate a disposition of the case. It usually involves the defendant agreeing to plead guilty to lesser charge, and in return the state drops the more serious offense.

Pleadings

Legal documents filed with the court asking the court to take some sort of action. Typically in adversarial proceedings pleadings are always filed with the court. When filing any document with the court, in most cases, the party filing the document must also send a copy to the other party or parties so they may have an opportunity to respond. The major pleadings are the complaint, answer, affirmative defenses, counterclaims, cross-claims, and the reply.

Pocket part

Supplement in the back of a volume that alters or adds to material contained in the hardbound volume. When information from previous pocket parts is combined with new information, the pocket part may be referred to as a cumulative supplement. See cumulative and supplement.

Polling the jury

Asking each juror individually to state what they believe the outcome of the case should be.

Popular name

Some statutes are referred to by a popular name as well as a cite. For instance, the Mann Act. Federal statutes have a separate volume that acts as an index to these cases.

Positive law

Law that has been enacted by a legislature.

Preponderance of the evidence

Degree of proof when it is "more likely than not" that a fact is as one party alleges it to be. It often requires that a simple majority (or some other degree less than 100%) of the jury agree.

Prerogative

A privilege or special power.

Presumptive

To be assumed or inferred.

Pre-trial hearing

A hearing held usually for the purpose of clarifying issues and determining the length of the upcoming trial.

Prima facie case

A case or argument which is sufficient on its face. If all representations made are eventually proven true, that there would be a legitimate cause of action. When one party claims that the other party has failed to establish a Prima Facie case, he is claiming that even if all the representations made are true, there is still no legitimate cause of action. A Prima Facie case must exist to proceed or prevail under any cause of action.

Privilege

The right to refuse to testify, or to prevent someone else from testifying.

Probable cause

A reasonable basis to believe that a person has committed a crime.

Probate

Establishing the validity of a will.

Pro bono

When an attorney takes a case for no charge or a reduced fee, he takes it pro bono.

Promissory note

A legal document which acknowledges a debt and promises to pay the debt.

Proponent

One who proposes something.

Proprietary

Involving ownership.

Proximate cause

The event or point at which a series of incidents begin which ultimately result in an event with damages occurring.

Prudent person rule

Doctrine where a trustee is expected to invest funds in relatively safe and conservative investments.

Punitive damages

Damages not related to the actual harm incurred, but intended to punish or deter the acts in the future.

Quash

To annul or suppress.

Quasi In Rem Jurisdiction

Jurisdiction over property even though the property is not the controversy.

Query

Question.

Quid pro quo

Latin for "this for that."

Quit

To leave or abandon.

Reaffirmation

Accepting a continuing obligation to pay a debt even when there may not be an obligation to do so.

Reasonable

An expected standard as set by society or community.

Rebut

To refute or dispute.

Receiver

A court appointed person who manages money during a suit.

Recess

To take a break.

Recidivist

Repeat offender.

Reciprocal

Of mutual benefit.

Record

The official collection of the transcripts, pleadings, and exhibits from the trial.

Recourse

The right to legal satisfaction.

Recovered or recovery

Monies awarded during trial which cover damages.

Recuse or Recusal

When a judge dismisses himself from a case.

Re-direct Examination

The party conducting direct examination conducts the re-direct examination to clarify matters brought up during cross. The party conducting re-direct cannot introduce a new line of questioning, but must limit him/herself to matters discussed during cross. (While some courts allow re-cross examination, it is not typical.)

Redress

To seek attention of the court.

Registered or resident agent

A business or person authorized to accept service on behalf of a corporation as though the corporation itself had been served.

Release

To give up a claim.

Relevant

The existence of one fact that tends to make the existence of another fact more probable or less probable than it would be without that fact.

Remand

When the appellate court sends the case back to the trial court for further deliberation.

Remittitur

The process whereby a judge subtracts from the amount of damages a jury has rewarded. In effect, the judge gives the party awarded damages the choice of accepting a lesser amount or the judge will grant the other side a new trial.

Render

To pronounce.

Repeal

To remove.

Reply

Plaintiff's response to new facts contained in the Answer, Affirmative Defenses, or Counterclaim.

Report

A law book containing opinions of the court, also called cases. A report, as opposed to reporter, is generally official, meaning it is published by or under authority of the state. (See Official Reports)

Reporter

A law book containing opinions of the court, also called cases. A reporter, as opposed to reports, is unofficial, meaning it is published by a private publisher.

Request for Admissions

Written statements which the opposing party must admit or deny under oath. Failure to respond within a specified period of time (usually 30 days) means that the statements will be deemed admitted. (Example: Admit or deny you had been drinking alcohol shortly before the accident.)

Request for Production of Documents

A request that documents be provided for the purpose of inspection. (Example: Please produce any and all receipts for Acme Dry Cleaning between July 1 and July 14, 1991.)

Request for Mental or Physical Examination

Request that the other party (usually the plaintiff) be subjected to a mental or physical examination. This is the one form of discovery that may require court approval so that it cannot be used just to try to intimidate.

Request or demand for jury trial

In most courts, a party must request a jury well in advance of the trial.

Res

Latin for "thing or things."

Res gestae

Connected to or concurrent with an event or occurrence.

Res Judicata

The doctrine that a case that has been decided on its merits will not be re-litigated.

Rescind

To annul or reverse.

Rescission

Annulment of a contract.

Resident agent

See registered agent.

Respondeat superior

Latin for "the master will answer." Doctrine by which one in a supervisory position, such as an attorney, will be held accountable for the acts of those under his supervision.

Respondent

One who responds to an appeal or suit. Same as appellee.

Responsive pleading

A pleading which responds to another.

Restatements of Law

A series of legal treatises by American Law Institute (ALI).

Restitution

To give back or return.

Retainer

Money paid to secure the services of an attorney. Actual services will be deducted from the retainer. Similar to a deposit.

Reverse

When the appellate court disagrees with the decision of the trial court.

Revoke

To reverse or remove in effect.

SC

Supreme Court.

S.Ct.

Supreme Court Reporter by West Publishing Company.

SD

Southern District

S.E. or S.E.2d

South Eastern Reporter.

SS

Sworn statement.

So. or So.2d

Southern Reporter

Sanction

Penalty or fine. May also mean to permit something.

Satisfaction

Paying a debt.

Sequester

To separate or isolate.

Sentence

In a criminal case, the sentence is the punishment provided by the court, sometimes after a recommendation by a jury.

Sentencing phase

In some trials, after the jury returns its verdict, a new phase of the trial begins to determine what the sentence, or punishment, will be. During this phase, both parties may call witnesses and present evidence, not to argue guilt or innocence anymore, but to argue the most appropriate punishment.

Serve

To present legal documents.

Service of process

"Process" is the Summons & Complaint. Therefore, Service of Process is the presenting of the Summons & Complaint upon a defendant in a court action.

Settlement

A compromise between parties prior to or involved in litigation negating the necessity for further judicial proceedings Once a settlement is signed, the parties give up their rights to further court action.

Setoff

An equalization of debt.

Shepard's

The major citator. Validates law.

Show cause order

An order to explain why the person should not be held in contempt for failing to obey a previous court order.

Slander

Oral defamation.

Slip law

Manner in which a new statute is first published (in pamphlet form).

Slip opinion

Manner in which a recently decided case is first published (in pamphlet form).

Solicitation

To pursue business from specific prospective clients, which is unethical for lawyers, paralegals, and legal secretaries.

Specific performance

Being required to fulfill the specific obligations of a contract.

Star paging, or star pagination

A tool which unofficial reporters utilize informing the researcher what page they would be on if they were in the official publication.

Stare Decisis

To stand by previous court decisions. "Let the decision stand." The doctrine whereby a previous court decision will guide the court in deciding a current case unless there is a compelling reason to hold otherwise.

Stay

To postpone or delay enforcement.

Stipulation

Facts agreed to by parties that will not be contested at court.

Strict liability

Where one may be held liable or guilty even when the damage is not caused directly by that individual.

Sua sponte

Latin. Voluntarily.

Subordination

Admission that a claim or right is weaker than another.

Subpoena

A document issued under authority of the court to compel the appearance of a witness.

Subpoena duces tecum

A document issued under authority of the court to compel the appearance of a witness, and for the witness to provide documents at the time of her/his appearance.

Subrogation

The replacing of one person for another in a legal matter, conferring all rights and obligations.

Substitute service

Service upon a designated or registered agent instead of the party.

Summons

The legal document which notifies a defendant s/he is being sued or charged in a legal action and which notifies him/her that s/he must respond or appear within a specific period of time. Usually served upon the defendant with the Complaint.

Sunset law

An administrative agency will cease to exist unless the legislature specifically extends its existence.

Sunshine law

A law that certain governmental meetings or records must be open to the public.

Supercede

To replace.

Supplement

A manner in which publishers update materials. Examples include pocket parts and cumulative supplements.

Supra

Latin for above or earlier.

Surety

A company or person that guarantees a loan or debt.

Surrogate

A person who stands in place of another.

Sustain

To uphold.

TRO

Temporary Restraining Order

Tender

To offer money.

Testate or Testacy

To leave a valid will.

Testify

To give evidence under oath.

Tickler system

A method of calendaring which reminds the lawyer, paralegal, or secretary at periodic intervals that something is due at a certain point.

Tort

A civil wrong.

Tortious

Related to a tort.

Tortfeasor

One who commits, or is alleged to have committed, a tort.

Total Client Service Library (TCSL)

Legal research system by Lawyer's Cooperative Publishing Company which directs the researcher to other materials and authorities referencing the same subject matter.

Transitory action

A suit which may be brought in many places.

Treatise

A book on a specific area of law written by a private individual or company.

Trespass and Nuisance (Environmental Torts)

Unwarranted and unauthorized entry on one's property or the devaluation of enjoyment of one's property due to intrusive acts of another.

Trial court

Court where legal actions commence. The trial court has one judge and often a jury.

Trial notebook

A collection of all the materials the attorney will need at trial.

Trier of fact

The jury.

Trier of law

The court.

Terpitude

Immoral. Dishonest.

UCC

Uniform Commercial Code

USC

United States Code (official).

USCA

United States Code Annotated (unofficial, by West).

USCS

United States Code Service (unofficial, by Lawyer's Coop.).

USDC

United States District Court.

Unauthorized practice of law

Non-lawyers doing what only lawyers may do.

United States District Court

Trial court where federal actions commence.

United States Courts of Appeal

Federal appellate court which is broken into Federal Circuits and is, therefor, often referred to as the Circuit Court of Appeals. A Circuit is a collection of Districts. Thus, a Circuit Court is responsible for appeals from a collection of District Courts.

United States Supreme Court

The country's highest court. Court of last resort.

Usery

Charging an unfairly high rate of interest.

v. or vs.

versus, as in Smith v. Jones.

Vacate

To set aside or replace.

Vel non

Or not.

Venue

Place of trial.

Verdict

Determination of the jury.

Vested

A part of. Not to be taken away.

Vicarious liability

Liability for an acts of another person. For example, a lawyer may be responsible for the acts of the paralegal if the acts were within the scope of the paralegal's employment.

Voidable

May be made void.

Voir dire

Questioning prospective jurors to determine their fitness to sit for a case. Also the questioning of potential witnesses to determine the relevance or appropriateness of their testimony. The questioning is done outside the hearing of the jury.

WD

Western District

Waive

To give up a right.

Westlaw

Computerized legal research system by West Publishing Company.

Willful

Intentional.

Witness

One making a sworn statement under oath, often one who has observed something.

Work Product Rule

See Attorney Work Product

Writ

An order by a judge that something, out of court, be done or completed.

Writ of Certiorari

The vehicle by which the case is taken from the Court of Appeals (state or federal) to the Supreme Court (state or federal). Also the means by which a case is taken from a state supreme court to the U.S. Supreme Court. The writ is issued by the lower court. If the higher court approves the writ, the higher court will review the case. If the higher court denies the writ, the lower court decision stands.

Wrongful Death

Death due to another's negligence.

Wrongful Imprisonment