Legal Term 2nd Round Flashcards
(15 cards)
Define Defendant
One against whom the action is brought
Define Costs
The expenses of a trial or proceeding which may be charged to one or both of the parties. Usually does not included the attorney’s fees.
Define Annotations
The case summaries which follow and construe the statues printed in the commercially produced statute books. They are not official.
Define Direct Evidence
That offered by eyewitnesses as contrasted to circumstantial evidence from which conclusions are drawn
Define Hung Jury
One which cannot agree on a verdict
Define Hostile Witness
Witness who manifests so much hostility or prejudice under examination in chief that the party who has called witness is allowed to cross-examine him/her ; i.e., to treat witness as though he/she had been called by the opposite party
Define dismissal with prejudice
dismissal without trial which bars the assertion of the same cause of action or claim against the same party
define dismissal without prejudice
dismissal without trial which permits party to bring another civil action for the same cause unless civil action is otherwise barred
define injunction
a court order prohibiting some action
define lis pendens
a pending lawsuit
define punitive damages
monetary compensation awarded to plaintiff in a lawsuit in excess of what compensates for property loss, awarded to redress for mental anguish suffered from defendant’s misconduct or to punish defendant for wrong and evil actions
define summary judgment
decision given by court without delay or formality of full proceedings
define weight of evidence
a phrase which indicates the relative value of the totality of evidence presented on one side of a judicial dispute, in light of the evidence presented on the other side
define work product
that work done by an attorney in the process of representing the client which is ordinarily not subject to discovery
define usury
charging more than the legal rate of interest
