Court Reporting (Legal Terminology)

Question 1

Define Answer

Answer 1

The defendant’s pleading which responds to the
plaintiff’s petition or complaint.

Question 2

Define Bill of Sale

Answer 2

An instrument evidencing a transfer of
personal property.

Question 3

Define Caption

Answer 3

The heading on a pleading, containing name of
court, county, parties, and the title of the document

Question 4

Define Common Law

Answer 4

Law evolving from ancient custom, from judicial
decision and casual statutes, as contrasted with a concerted plan of
statutory enactments.

Question 5

Define Counterclaim

Answer 5

The claim that a defendant may make against a
plaintiff in the plaintiff’s action against him.

Question 6

Define Default

Answer 6

Usually in pleading, a failure to take a required step
within a specified time; can result in a default
judgment against the one who failed to act.

Question 7

Define Deposition

Answer 7

Taking testimony outside the courtroom before a court
reporter with the other side present for purposes of cross examination.
The testimony is given under oath and reduced to writing.

Question 8

Define Eminent Domain

Answer 8

The power to take private property for
public use through condemnation proceedings and
compensation

Question 9

Define Hypothetical Question

Answer 9

A question asking an expert witness to
assume proven facts and eliciting witness’ opinion based on those
facts

Question 10

Define Liable

Answer 10

Responsible; chargeable with.

Question 11

Define Plaintiff

Answer 11

The person or company or corporation or any
legal entity named in caption of lawsuit as bringing the
action

Question 12

Define Pleading

Answer 12

An instrument used to frame the issues in a
lawsuit

Question 13

Define Preponderance

Answer 13

Greater weight, said of evidence

Question 14

Define Reply

Answer 14

The pleading that responds to an answer

Question 15

Define Stipulation

Answer 15

The agreement of counsel as to existence of
certain facts or circumstances

Question 16

The agreement of counsel as to existence of
certain facts or circumstances

Answer 16

Stipulation

Question 17

The pleading that responds to an answer

Answer 17

Reply

Question 18

Greater weight, said of evidence.

Answer 18

Preponderance

Question 19

An instrument used to frame the issues in a
lawsuit

Answer 19

Pleading

Question 20

The person or company or corporation or any
legal entity named in caption of lawsuit as bringing the
action

Answer 20

Plaintiff

Question 21

Responsible; chargeable with.

Answer 21

Liable

Question 22

A question asking an expert witness to
assume proven facts and eliciting witness’ opinion based on those
facts.

Answer 22

Hypothetical Question

Question 23

The power to take private property for
public use through condemnation proceedings and
compensation

Answer 23

Eminent Domain

Question 24

Taking testimony outside the courtroom before a court
reporter with the other side present for purposes of cross examination.
The testimony is given under oath and reduced to writing.

Answer 24

Deposition

Question 25

Usually in pleading, a failure to take a required step within a specified time; can result in a default judgment against the one who failed to act.

Answer 25

Default

Question 26

The claim that a defendant may make against a plaintiff in the plaintiff's action against him.

Answer 26

Counterclaim

Question 27

Law evolving from ancient custom, from judicial decision and casual statutes, as contrasted with a concerted plan of statutory enactments.

Answer 27

Common law

Question 28

The heading on a pleading, containing name of court, county, parties, and the title of the document.

Answer 28

Caption

Question 29

An instrument evidencing a transfer of personal property.

Answer 29

Bill of sale

Question 30

The defendant's pleading which responds to the plaintiff's petition or complaint

Answer 30

Answer

Question 31

Define Pleading

Answer 31

A formal, written statement asking the court to grant relief, or to decide a dispute, is referred to as a “pleading.” The written complaint filed by a plaintiff to initiate a civil lawsuit, or filed by a prosecutor to initiate criminal proceedings, as well as the written answer filed by a civil defendant are generally the first pleadings in any court action.

Question 32

Define Answer

Answer 32

In the legal process, an “answer” refers to a written response filed by a defendant to a plaintiff’s complaint or petition. The answer, also called a “response” in some situations, typically denies the accusations made, or facts stated, by the plaintiff. The defendant may also include facts in an attempt to justify his actions, or to make a counterclaim against the plaintiff.

Question 33

Define Plaintiff

Answer 33

Plaintiff is the term used to describe a party who initiates a court action, whether a lawsuit in civil court, or charges in criminal court, in order to seek a legal remedy.

Question 34

Define Defendant

Answer 34

The party responding to the lawsuit, or the person being charged with a crime, is known as the Defendant.

Question 35

Another word for plaintiff

Answer 35

Petitioner

Question 36

Another word for defendant

Answer 36

Respondent

Question 37

Define Bill of Sale

Answer 37

A bill of sale is a legal document that details in writing a sale of goods or transfer of property from one party to another. It serves as legal evidence that full consideration has been provided in a transaction and that the seller has transferred the rights to the assets detailed in the bill of sale to the buyer. A bill of sale is a written instrument that attests to a buyer’s purchase of property from a seller, and is similar to a receipt.

Question 38

A legal document that details in writing a sale of goods or transfer of property from one party to another. It serves as legal evidence that full consideration has been provided in a transaction and that the seller has transferred the rights to the assets detailed in the bill of sale to the buyer. A written instrument that attests to a buyer’s purchase of property from a seller, and is similar to a receipt.

Answer 38

Bill of Sale

Question 39

Define Caption

Answer 39

In a legal context, the caption refers to the heading or title presented on a legal document, such as a court case. It typically includes key information like the names of the parties involved (plaintiff and defendant), the specific case or petition number, and the name of the court.

Question 40

In a legal context, the ______ refers to the heading or title presented on a legal document, such as a court case. It typically includes key information like the names of the parties involved (plaintiff and defendant), the specific case or petition number, and the name of the court.

Answer 40

Caption

Question 41

Define Common Law

Answer 41

Common law is a term used to refer to law that is developed through decisions of the court, rather than by relying solely on statutes or regulations. Also known as “case law,” or “case precedent,” common law provides a contextual background for many legal concepts.

Question 42

Define Common Law

Answer 42

Laws that are based on court or tribunal decisions, which govern future decisions on similar cases.

Question 43

Define Counterclaim

Answer 43

A counterclaim is a claim for relief filed against an opposing party after the original claim is filed. It is most commonly a claim by the defendant against the plaintiff

Question 44

a _____ is a ______ for relief filed against an opposing party after the original claim is filed. It is most commonly a claim by the defendant against the plaintiff

Answer 44

counterclaim;claim

Question 45

Define default

Answer 45

A default is a failure to fulfill an obligation . Defaulting is most common in regards to debtor-creditor law and contract law. Typically, a default leads to judicial proceedings or triggers the application of a separate contract provision.

Question 46

A _______ is a failure to fulfill an obligation . ________ is most common in regards to debtor-creditor law and contract law. Typically, a default leads to judicial proceedings or triggers the application of a separate contract provision.

Answer 46

Default;Defaulting

Question 47

Default example

Answer 47

a homeowner might go into default by failing to make scheduled mortgage payments. This default allows the creditor to begin foreclosure proceedings and repossess the house subject to the mortgage

Question 48

Define deposition

Answer 48

A deposition is an out-of-court witness testimony recorded by a certified court reporter or videographer. Depositions are frequently used in litigation in the United States in both civil lawsuits and criminal cases.

Question 49

an out-of-court witness testimony recorded by a certified court reporter or videographer. Depositions are frequently used in litigation in the United States in both civil lawsuits and criminal cases.

Answer 49

Deposition

Question 50

Define Eminent Domain

Answer 50

Eminent domain is defined as the compulsory acquisition of private property by the government for public use, with the requirement to provide just compensation to the property owner. This legal authority allows federal, state, and local governments to take private property for various public purposes, such as infrastructure projects.

Question 51

_________ is defined as the compulsory acquisition of private property by the government for public use, with the requirement to provide just compensation to the property owner. This legal authority allows federal, state, and local governments to take private property for various public purposes, such as infrastructure projects.

Answer 51

Eminent domain

Question 52

Define Hypothetical Question

Answer 52

A hypothetical question is a type of question often asked in legal settings, especially during trials or depositions. It is posed to an expert witness, like a doctor or a scientist, and is based on a set of facts that have been presented as evidence in the case. The purpose of this question is to explore what the expert thinks about a situation that might not have happened but is based on the facts at hand.

Question 53

Example of Hypothetical Question

Answer 53

a lawyer might ask a medical expert, "If a person suffered a specific injury, what could have caused it?" This allows the expert to give their opinion based on the evidence provided.

Question 54

Define Preponderance

Answer 54

Preponderance refers to the standard of proof used in civil cases in the American legal system. It is the burden of the plaintiff to prove that their version of the facts is more likely true than not true. In other words, the evidence presented must show that it is more probable than not that the plaintiff's claims are valid.

Question 55

______ refers to the standard of proof used in civil cases in the American legal system. It is the burden of the plaintiff to prove that their version of the facts is more likely true than not true. In other words, the evidence presented must show that it is more probable than not that the plaintiff's claims are valid.

Question 56

Example of Preponderance

Answer 56

The preponderance of evidence standard applies primarily to civil law cases. For example, if Linda sues Tom due to injuries she sustained in a car crash, Linda must convince the courts that it is more probable than not that Tom caused the crash resulting in her injuries.

Question 57

Define Reply

Answer 57

In legal terms, a Reply is a legal document written by a Party specifically replying to a Responsive Declaration and in some cases an Answer. A Reply may be written when a Party or non-moving Party is asserting a counterclaim or the court has ordered a Reply. In most states and in the federal courts, a reply is permitted only when the defendant has specifically made a properly labeled counter-claim or when the court orders the plaintiff to file a formal response to an answer.