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."
