Chapter 3: Trials and Resolving Disputes

Complaint

A statement that sets forth the plaintiff's claim against the defendant.

Motion to Dismiss

By the defendant asks the court to dismiss the case because it does not have jurisdiction over the subject matter of the dispute or the defendant's person.

Cross-Examination

Examination by the attorney representing the adverse party after the other party has examined her witness.

Pleadings

Formal statements made to the court by the parties listing their claims and defenses.

Protective Order

Limits access to the material to ensure confidentiality.

Deposition

The sworn, in-person testimony of a witness recorded by a court reporter.

Hung

A jury so divided in opinion that it cannot agree upon a verdict.

Mistrial

A trial that cannot stand in law because the court lacks jurisdiction, because of juror misconduct, or because of disregard for some other procedural requirement.

Reply

An answer to the counterclaim.

Default Judgement

Granting victory to the other party or find the noncomplying party in contempt of court and order the party to jail or impose a fine.

Demurrer

His is an assertion that even if the facts asserted are true, the law furnishes no remedy for the injury claimed by the plaintiff.

Remedy

How a right is enforced or a violation of a right is compensated or prevented.

Preponderance of the Evidence.

In civil trials, the burden of persuasion to win a verdict requires that the plaintiff prove its claim by having the majority or bulk of the evidence on its side.

Answer

In this pleading, the defendant responds to the allegations made by the plaintiff. The defendant will admit, deny, or say that it does not know the truth, with respect to each assertion of the plaintiff.

Closing Arguments

Oral presentation to the jury by the attorneys after the plaintiff and defendant have stated their cases and before the judge charges the jury.

Interrogotories

Questions submitted by a party to a case to the other party, or a witness, or another person with relevant information.

Opening Statements

The attorneys tell the jury what the crucial facts are and how they will prove the facts support their position.

Counterclaim

The counterclaim is a complaint by the defendant.

Affirmative Defence

The defendant admits to the facts claimed by the plaintiff but offers additional facts asserted to be a defense to the complaint, which is called a legal excuse.

Instructions/Charges

The direction or guideline that a judge gives a jury concerning the law of the case being deliberated.

Direct Examination

The initial examination of a witness by the party on whose behalf the witness has been called.

Discovery

The process of obtaining information

Voir Dire

The process to select jury members from the pool

Directed Verdict

Verdict granted by the court on the grounds that the jury could reasonably reach only one conclusion on the basis of the evidence presented during the trial.