My Brain Is Crowded
I have a test on Tuesday and I hope some of this sticks. Wish me luck?
Bench trial Non-jury trial, by judge onlyComplaintPleading made by a plaintiff alleging wrongdoing on the part of the defendant; the document that, when filed with a court, initiates a lawsuitConstructive service Publishing the notice of summons in legal announcements section of newspapers.Contingent feeAttorney’s fee based on percentage of final award received by his or her client as a result of litigation Counterclaim Opposing claim made by defendant in response to plaintiff’s complaintDefaultFailure to observe a promise or discharge an obligation. Term commonly used to mean failure to pay a debt when it is due.Deposition Testimony of a party to a lawsuit or a witness taken under oath before a trial.Direct examinationExamination of a witness by the attorney who calls the witness to the stand to testify on behalf of the attorney’s clientDirected verdictWhen decision has been taken out of the hands of the jury and verdict announced for moving party on the grounds that other party has not produced sufficient evidence for their claim; referred to as a motion for judgment as a matter of law in federal courts.DiscoveryA phase in the litigation process during which the opposing parties may obtain information from each other and from other parties prior to trial.Execution Action to carry into effect the directions in a court decree or judgment.GarnishmentLegal process used by creditor to collect a debt by seizing property of the debtor (such as wages) that is being held by a third party (such as the debtor’s employer)General verdictOrdinary verdict declaring which party prevails without any special findings of factHearsayOral or written statement made out of court that is later offered in court by a witness (not the person who made the statement) to provide the truth of the matter asserted in the statement. Hearsay is generally inadmissible as evidence. Judgment Final order or decision resulting from a legal action.Judgment notwithstanding the verdict (JNOV)Court grants judgment in favor of the party making the motion on the ground that the jury verdict was unreasonable and erroneous.Lien A claim against specific property to satisfy a debt.Motion for directed verdictMotion for the judge to take the decision out of the hands of the jury and direct a verdict for the moving party on the grounds that other party has not produced sufficient evidence for their claim; referred to as a motion for judgment as a matter of law in federal courts.Motion for new trial