Legal terminology can often be foreign to those outside the legal profession. Whether you are involved in a lawsuit, considering legal action, or simply want to better understand the legal system, knowing common litigation terms is invaluable. Let's break down these important legal concepts into clear, everyday language.

The Basics of Civil Litigation

At its heart, then, civil litigation is the mechanism of dispute resolution that actually takes place in court but without any underlying criminal charges. When someone files a case, they start a complex yet arranged process under rules and procedures.

The person who files the lawsuit is called the "plaintiff" – think of them as the person pointing their finger and saying "they wronged me." The person being sued is called the "defendant" – they're the one who has to defend themselves against the accusations. It's worth noting that in criminal cases, we use different terms: "prosecutor" and "defendant."

Key Documents in a Lawsuit

Every lawsuit starts with a "complaint," which is the formal document describing what happened and why the plaintiff believes they should be compensated or otherwise relieved of some legal obligation.

After receiving the complaint, the defendant has the chance to file an "answer." This document responds to each of the allegations in the complaint, usually with one of three responses: admit, deny, or insufficient knowledge to admit or deny. It is like a point-by-point response to accusations made by the plaintiff.

At times, instead of filing an answer, a defendant will file a "motion to dismiss." This essentially says, "Even if everything the plaintiff says is true, they still do not have a valid legal claim." It is essentially a challenge of the rules of the game before the game has begun.

The Discovery Process

One of the most important stages of litigation is "discovery," which is a formal process in which both parties gather information from each other. This stage usually involves several tools:

"Interrogatories" are written questions that require answers given under oath. They are really like a written version of an interview where you cannot bypass a question or avoid answering by being vague. "Requests for production" allow parties to request that relevant documents, emails, or other physical evidence be produced. "Depositions" are in-person interviews where attorneys can pose questions, and the answer is transcribed by a court reporter under oath.

Critical Court Proceedings

There may be several court hearings during the litigation process. A "hearing" is when both sides appear before a judge to argue on specific issues. Contrary to what people often see on television, most hearings are short and focus on specific legal questions rather than the entire case.

A "motion" is a formal request asking the court to do something. For instance, a "motion for summary judgment" argues there are no important facts in dispute, and the judge should decide the case without a trial. It is like saying, "We don't need to waste time with a trial because the evidence clearly shows I'm right."

The Trial Process

If a case goes to trial, several important terms come into play. The "burden of proof" refers to how convincing the evidence must be to win the case. In civil cases, this is usually "preponderance of the evidence" – meaning it's more likely than not that something happened (think 51% or more certainty).

"Evidence" includes testimony from witnesses, documents, photographs, or anything else that can prove or disprove important facts in the case. Some evidence might be "objectionable" – meaning one side believes it shouldn't be allowed in court for various legal reasons.

Legal Terms

Below is a list of the common legal terms you need to know, along with their definitions. It is important to familiarize yourself with these terms in order to better understand legal documents and proceedings.

Affirmation: A solemn and formal declaration under penalties of perjury that a statement is true, without an oath.

Brief: A written or printed document prepared by the lawyers or litigants on each side of a dispute and submitted to the court in support of their arguments - a brief includes the points of law which the person wished to establish, the arguments he or she uses, and the legal authorities on which he or she rests his/her conclusions.

Cause of Action: A claim and/or the grounds on which a legal action may be brought (e.g. property damage, personal injury, goods sold and delivered, work labor and services).

Common Law: The body of law which originated in England and upon which present day U.S. law is based other than statutes and administrative rulings: judge made law.

Counterclaim: (a) In civil actions, a claim brought by a defendant against the plaintiff for damages or other relief. (b) In small claims/commercial claims, a claim brought by a defendant against the plaintiff for an amount not to exceed the maximum monetary jurisdiction allowed in the small claims/commercial claims court.

Cross Claim: Claim litigated by co-defendants or co-plaintiffs against each other and not against a party on the opposite side of the litigation.

Damages: Monetary compensation for wrong or injury caused by the violation of a legal right. (a) Compensatory damages: Reimbursement for actual loss or injury. (b) Exemplary damages: Monetary award by way of punishment for injury caused by aggravated circumstances or malice, in addition to compensation for the injury (c) Punitive damages: Monetary compensation awarded in excess of ordinary damages, as punishment for a gross wrong.

Declaratory Judgment: One stating the rights of parties, may or may not also order something to be done.

Domicile: That place where a person has a true and permanent home - a person may have several residences, but only one domicile, usually the state where a person has their home.

Exhibit: A paper, document or other object produced and exhibited to a court during a trial or hearing and, on being accepted, is marked for identification or admitted in evidence.

Fiduciary: A person or institution who manages money or property for another, and who must exercise a standard of care in such management activity imposed by law or contract.

Garnish: To attach a portion of the wages or other property of a debtor to secure repayment of the debt.

Hearsay: Testimony of a witness who relates not what he/she knows personally, but what others have told the witness, or what the witness has heard said by others; may be admissible or inadmissible in court depending upon rules of evidence.

Indemnity: Security against loss or damages, exemption from penalty or liability owned by another party; amount paid as compensation under an indemnity agreement.

Injunction: A court order for a party to stop doing or to start doing a specific act.

Inquest: A proceeding which usually is a limited non-jury trial for the purpose of fixing the amount of damages where the plaintiff or defendant alone introduces testimony.

Judgment: A determination of the rights of the parties in an action or special proceeding. A judgment shall refer to and state the result of a verdict or decision, and may or may not recite the circumstances on which it is based.

Jurisdiction, Personal: Whether a specific person is within the court’s authority to impose a personal liability on him (usually the defendant).

Jurisdiction, Subject Matter: Whether the court has authority over the thing or right claimed by one party against another.

Liability: An obligation to do, to eventually do, or to refrain from doing something; money owed; or according to law one's responsibility for his/her conduct; or one's responsibility for causing an injury or damage to property.

Lien: A claim upon the property of another as security for some debt.

Negligence: Conduct that falls below the standard established by law for the protection of others against unreasonable risk of harm, the breach of a duty of care.

Order: An oral or written direction of a court or judge.

Sanction: A penalty or punishment provided as a means of enforcing obedience to a law, rule, or code; also, an authorization or approval.

Statute of Limitations: The time limit for asserting a claim set by statute.

Stipulation: An agreement by attorneys and/or parties on opposite sides of an action as to any matter pertaining to the proceedings or trial - most stipulations are in writing.

Subpoena: Legal process that commands a witness to appear and testify.

Summary Judgment: A determination in an action on the grounds that there is no genuine issue of fact.

Third-Party Action: A claim asserted by a defendant, styled a third-party plaintiff, against a person, styled a third-party defendant.

Tort: An injury or wrong committed, either with or without force, and either intentionally or negligently, to the person or property of another.

Vacate: To set aside or undo a previous action or order.

Venue: (a) Geographical place where some legal matter occurs or may be determined. (b) The geographical area within which a court has jurisdiction. It relates only to a place or territory within which either party may require a case to be tried. A defect in the venue may be waived by the parties.

Verdict: The determination of a jury on the facts and, usually, the legal consequences of those facts.

With Prejudice: The term, as applied to the judgment of dismissal, is as conclusive of the rights of parties as if action had been prosecuted to final adjudication adverse to the plaintiff.

Without Prejudice: A dismissal "without prejudice" allows a new suit to be brought on the same cause of action.

After the Trial

Once a trial is over, the losing party may file an "appeal," which is a request for an appellate court to review the case for errors of law. An appeal is not a new trial; the appellate court only looks at whether the proper procedures were followed and whether the law was applied correctly.

A "judgment" is the last word on a case; if the plaintiff wins, they might have to go further in "enforcing" the judgment – getting the money or forcing the defendant to do what the court told them to.

Alternative Dispute Resolution

Not all legal disputes go to trial. "Mediation" and "arbitration" are alternative ways to settle disputes. Mediation means a neutral third party works with both sides to create an agreement, whereas arbitration is more like a private trial where an arbitrator makes a binding decision.

Get Expert Legal Assistance

If you are facing a legal challenge or considering legal action, it is important to have experienced attorneys by your side who can guide you through the process and protect your interests.

Horn Wright, LLP attorneys blend in-depth legal knowledge with a focus on clear communication and outstanding client service. Our litigation lawyers can assist you in better understanding how these legal principles apply to your individual case and in how best to approach the outcome you seek. Contact Horn Wright, LLP today to arrange for a consultation.

Civil Litigation Essentials: What You Need to Know