Legal Terms

Et al

Abbreviation of the Latin phrase "et alia" meaning "and others."

Errors patent

An error that is discoverable by a mere inspection of the pleadings and proceedings and without inspection of the evidence.

Et seq

Latin for "and the following."

Pro se

Latin meaning "for himself." A party who represents himself in a lawsuit rather than hiring an attorney is appearing pro se. Also called "in proper person." .

Tort

a civil (as opposed to criminal) wrong which injures or damages another.

Counterclaim

a claim by a defendant against a plaintiff in the same lawsuit; in Louisiana state courts, this is called a reconventional demand.

Reconventional demand

a claim by a defendant against a plaintiff in the same lawsuit; in federal and common law courts, this is called a counterclaim.

Third-party demand

a claim filed by a defendant against another person or entity who is not currently named in the lawsuit. Also called a third-party complaint.

Crossclaim

a claim filed by one defendant against another defendant in the same lawsuit.

Mandate of court

a command from a superior court to an inferior one.

En banc

a decision by the entire court rather than a three-member panel. Latin for "by the bench." .

Per curiam opinion

a decision of an appeals court as a whole in which no judge is identified as the specific author; Latin for "by the court."

Civil Action

a demand for the enforcement of a legal right.

Trial de novo

a form of appeal in which the appellate court conducts a totally new fact finding hearing.

Motion

a formal request made to a judge for an order or judgment.

Default judgment

a judgment rendered against a defendant who fails to appear and defend himself within the time prescribed by law.

Exception

a means of defense, other than a denial or avoidance of the demand, used by the defendant, to retard, dismiss, or defeat the demand brought against him.

Damages

a monetary amount which the plaintiff claims he has lost. Compensatory - damages that cover actual injury or economic loss and which are Compensatory - damages that cover actual injury or economic loss and which are intended to put the injured party in the position he was in prior to his injury. Compensatory damages consist of:. General - damages intended to cover injuries for which an exact dollar amount cannot be calculated, such as pain and suffering. Special - damages for which an exact dollar amount is equally calculated, such as medical expenses and loss of wages.

Affirmative defense

a new matter pled by the defendant, usually in the answer, which, if proved, would defeat or reduce the plaintiff's recovery.

Prescription

a period of time set by law after which a right is unenforceable; known in common law states as the statute of limitations.

Agent for service of process

a person or entity appointed to accept service of any lawsuit orclaim against another.

Tortfeasor

a person who commits a tort.

Precedent

a prior reported opinion of an appellate court which establishes the legal rule in the future on the same legal question.

Jurisprudence

a series of cases on the same subject which have been decided in the same way.

Cause of action

a set of facts or circumstances which entitle one to seek judicial remedy; a legally accepted reason for suing; the basis for the lawsuit.

Bench trial

a trial held before a judge with no jury present.

Writ of mandamus

a writ which orders a public agency or governmental body to perform an act required by law when it has neglected or refused to do so.

Writ

a written order of a judge requiring specific action by the person or entity to whom the writ is directed.

Motion for summary judgment

a written request for judgment in the moving party's favor before a lawsuit goes to trial.

Affirm

agrees with and confirms a lower court's decision

Stipulation

an agreement between the parties as to the truth or falsity of a particular fact and which binds all parties and the court; it has the effect of a judicial admission or confession.

Appeal as a matter of right

an appeal for which an appellate court has no discretion as towhether to hear the appeal and is required to review the lower court's decision.

Harmless error

an error made by a judge during trial which an appellate court finds is not sufficient for it to reverse or modify the lower court's judgment.

Manifest error

an indisputable error in complete disregard of the facts of the case and the applicable rule of law and which warrants reversal on appeal.

Dissenting opinion

an opinion of an appellate court judge which disagrees with the majority opinion.

Punitive/exemplary

damages which are awarded over and above special and general damages to punish a losing party's conduct. Generally cannot be awarded in Louisiana state court actions.

Answer

defendant's response to the lawsuit filed against him.

Beyond a reasonable doubt

proof that is so convincing that you would be willing to rely and act upon it without hesitation in your own affairs; it does not mean an absolute certainty.

Clear and convincing evidence

proof that the existence of a disputed fact is highly probable, much more probable than its nonexistence.

Preponderance of the evidence

proof that the existence of a disputed fact is more likely than its nonexistence.

Deposition

sworn testimony given out of court.

Service of process

the delivery of copies of legal documents to the person or entity to whom they are directed.

Discovery

the efforts of a party to a lawsuit to obtain information before trial.

Issues on appeal

the errors allegedly made in the trial court which form the basis for the appeal.

Opinion

the explanation of an appellate court's decision.

Judgment

the final decision by a court in a lawsuit.

Verdict

the final decision of the jury.

Petition

the first pleading filed in Louisiana state courts which sets out the plaintiff's claim; in federal court, this is generally called a complaint.

Complaint

the first pleading filed in federal court which sets out the plaintiff's claims. In Louisiana state courts, this pleading is generally called a petition.

Substantive law

the laws which define and set forth the rights and obligations of society.

Procedural law

the laws which set forth and define how a lawsuit is conducted.

Jurisdiction

the legal power and authority of a court to hear the case before it. There are several types of jurisdiction, including: . Appellate jurisdiction - the legal power and authority of a court to review and modify the decisions of a lower court. Concurrent jurisdiction - two or more courts having the legal power and authority to hear the same type of case. For example, the Baton Rouge City Court and the 19th JDC can both hear cases in which the damages claimed are $20,000 or less. Thus, they are said to have concurrent jurisdiction over that type of case. General jurisdiction - the legal power and authority of a court to hear any type of case, regardless of its value or the nature of the claim. In rem jurisdiction - the legal power and authority of a court to enforce a right in, to or against property located in this state and owned by a nonresident. Personal jurisdiction - the legal power and authority of a court to render judgment against a party to a lawsuit. Subject matter jurisdiction - the legal power and authority of a court to hear and determine a particular class of actions or proceedings, based upon the object of the demand, the amount in dispute, or the value of the right asserted.

Standard of proof

the level of certainty and the degree of evidence necessary to prove a case. There are three standards: beyond a reasonable doubt which is used in all criminal cases and is the most stringent; clear and convincing evidence, which is used in some civil cases; and preponderance of the evidence which is used in most civil cases and is the least stringent.

Record

the official collection of the pleadings, exhibits, orders and testimony which took place in the trial court.

Concurring opinion

the opinion of an appellate judge who agrees with the majority decisionbut for different reasons.

Writ of certiorari

the order of a higher court to a lower court to send all the documents in a case to it so the higher court can review the lower court's decision.

Venue

the parish in which an action may properly be brought and tried.

Appellee

the party against whom an appeal is taken, usually (though not always) the "winner"in the trial court.

Movant

the party filing a motion asking the court for some type of relief; also called the petitioner.

Appellant

the party who appeals the decision of a lower court, usually (though not always) the"loser" in the trial court. If more than one party appeals, the one who appeals first is called the appellant.

Plaintiff

the party who files the lawsuit.

Defendant

the party who has been sued.

Petitioner

the party who is petitioning the court for some type of relief; also frequently called the movant.

Respondent

the party who is responding to a motion or petition.

Trier-of-fact

the person or persons charged with deciding the facts of the lawsuit; in a bench trial, the trier of fact is the judge. In a jury trial, the trier of fact is the jury.

Intervention

the procedure under which a third party may join an ongoing lawsuit to enforce a right related to or connected with the object of the pending action.

Burden of proof

the responsibility to prove something at trial; generally, the party who made the allegation has the burden of proving it.

Appeal

to ask a higher court to reverse the decision of a trial court after final judgment or otherlegal ruling.

Remand

to send back to an inferior court for additional action.

Reverse

to set aside by a contrary decision.

Diversity of citizenship

when opposing parties in a lawsuit are citizens of different states. If the amount in controversy is $75,000 or more and diversity of citizenship exists, then the case may be filed in or removed to federal court.

Pleadings

written documents filed with the court, including petitions/complaints, answers, exceptions and motions.

Interrogatories

written questions sent by one party in a lawsuit to another party asking for information.

Request for admissions

written questions sent by one party in a lawsuit to another party asking that certain facts be admitted or denied.

Request for production of documents

written requests sent by one party to another party asking for documents or other tangible things which may be related to the lawsuit.