Action, Case, Suit, Lawsuit:
These words mean the same
thing. They all refer to a legal dispute brought into
court for trial.
Answer:
The paper in which the
defendant answers the claims of the plaintiff.
Bailiff:
The bailiff is an officer of
the court who waits upon the court and the jury and
maintains order in the court.
Civil Case:
A lawsuit is called a "civil
case" when it is between persons in their private
capacities or relations, or when the government, whether
federal, state or local, or some department thereof,
sues an individual under the law, as distinguished from
prosecuting a criminal charge. It results generally in a
verdict for the plaintiff or the defendant and ,in many
cases, involves the giving or denying of damages.
Clerk:
The clerk sits at the desk in
front of the judge during selection of the jury, is an
officer of the court and keeps a record of papers filed.
The clerk has custody of the pleadings and records of
the trial of the case, orders made by the court during
the trial and the verdict at the end of the trial.
Complaint:
The document or legal pleading
in which the person who brings the lawsuit sets forth
allegations, accusations or charges against another
person.
Court Reporter:
The court reporter takes down
in shorthand or on a machine everything that transpires
which constitutes the stenographic record in the case.
The notes so made are subject to transcription later,
should occasion, such as an appeal, require it.
Criminal Case:
A lawsuit is called a "criminal
case" when it is between the state on one side, as
plaintiff, and a person on the other side, as defendant,
charging the defendant with committing a crime, the
verdict usually being "guilty" or "not guilty."
Cross Examination:
The questions asked by a lawyer
to the opposing party or witnesses of the opposing
party.
Defendant:
In a civil case, the defendant
is the person against whom the lawsuit is brought. In a
criminal case, the defendant is the person charged with
an offense.
Deposition:
Testimony taken under oath in
the same manner as during a trial. This is ordinarily
done because of illness or absence of a party, or to
determine prior to trial how a witness will testify at
trial.
Examination, Direct
Examination:
The questions which the lawyer
asks the lawyer's client or the client's own witnesses.
Exhibits:
Objects including pictures,
books, letters, and documents produced as evidence in a
case. These are called "exhibits."
Instructions or
"Charge" to Jury:
The outline of the rules of law
which the jury must follow in their deliberations in
deciding the factual issues submitted to them.
Issue:
A disputed question of fact is
referred to as an "issue." It is sometimes spoken of as
one of the "questions" which the jury must answer in
order to reach a verdict.
Jury Panel:
The whole number of prospective
jurors from which the trial jury is chose.
Objection:
A reason or argument by a
lawyer that a question asked or statement made was not
proper or in accordance with the law.
Objection Overruled:
The term means that, in the
judge's opinion, the lawyer's objection is not proper or
correct under the rules of law. The judge's ruling, so
far as a juror is concerned, is final and may not be
questioned.
Objection Sustained:
When a lawyer objects to a
question or the form of a question, the judge may say
"objection sustained." This means that the judge agrees
that under the rules of the law, the lawyer's objection
to a statement or a question is proper. This ruling
likewise is not subject to question by the jurors.
Opening Statement:
Before introducing any evidence
for their side of the case, lawyers are permitted to
tell the jury what the case is about and what evidence
they intend to introduce to prove their side of the
case. This is called the "opening statement.'
Plaintiff
The person who starts a
lawsuit.
Parties:
The plaintiff and defendant in
the case. They are also sometimes called the
"Litigants."
Pleadings:
The parties in a lawsuit must
file in court papers stating their claims against each
other. In a civil case, these usually consist of a
complaint filed by the plaintiff, an answer filed by the
defendant and, oftentimes, a reply filed by the
plaintiff. These are called the "pleadings."
Record:
This refers to the pleadings,
the exhibits, and the word-for-word record made by the
court of all the proceedings at the trial.
Rests:
This is a legal phrase which
means that the party has concluded the evidence he/she
wants to introduce in that stage of the trial.
Striking testimony:
On some occasions, after a
witness has testified, the judge will order certain
evidence deleted from the record and will direct the
jury to disregard it. When this is done, the jury will
treat this evidence as though it had never been given
and will wholly disregard it.
Subpoena:
The document which is issued
for service upon a witness to compel the witness to
appear in court.
Verdict:
The finding made by the jurors
on the issues submitted to them is the "verdict."
