Have you ever found yourself in a position where you are unsure of what a legal term means? In order to better serve you, we have provided a list of common legal phrases for your reference.
ACTION – A legal demand for a right asserted by instituting a case in court.
ADJOURNMENT – To temporarily postpone or reschedule the proceedings of a case until a future time.
AFFIDAVIT – A sworn or affirmed statement made in writing and signed.
CAUSE – An action.
CHANGE OF VENUE – The removal of an action to another jurisdiction for legal reasons.
COUNTERCLAIM – Claim presented by a defendant in opposition to those claims asserted by the plaintiff.
CROSS-EXAMINATION – The questioning by a party or his/her attorney of another party or a witness called by another party.
DEFAULT – When a party fails to answer or appear in the proscribed time period.
DEPOSITION – Written testimony of a witness who may not be present in court.
DISMISSAL – An order by the court ending an action for a specified reason. A dismissal without prejudice permits a party to institute the same action again.
ESCROW – A deed, writing or fund delivered to one person to be held until specified acts are performed or certain conditions are met.
HEARSAY – An out of court statement being offered for the truth of its contents.
INTERROGATORIES – Written questions proffered by one side which must be answered in writing by the other side as part of the discovery process in an action.
JURISDICTION – The geographical and “type of actions” limitations of a court. For example Westchester County Family Court has jurisdiction over family matters within the limits of Westchester County.
JURY – A certain number of individuals determined by law who are sworn to inquire into certain matters of fact.
MEDIATION – Where you and the other side meet with a neutral person – called a mediator – who is specially trained to help people resolve their disputes without having to go in front of a judge.
MISTRIAL – An invalid trial.
MOTION – An oral or written request made by a party to the court for specific relief.
ORDER TO SHOW CAUSE – A court order to appear as directed and present to the court such reasons why a particular decree should not be made.
PLAINTIFF – An individual who brings a civil action.
PLEADING – The process by which the parties in an action present their causes of action and arguments.
POLLING THE JURY – Asking individual jurors whether they assent to a reported verdict.
POWER OF ATTORNEY – Authorization for one person to act as the agent of another.
PRO SE – Appearing on one’s own behalf without an attorney.
REPLY – A plaintiff’s response to a defendant’s answer containing a counterclaim.
STATUTE OF LIMITATIONS – The time period in which an action must be commenced. Failure to file the action within the statute of limitations bars the action
SUMMONS – A process issued by a local court directing a person to appear before it at a designated future time in connection with a particular proceeding.
TORT – An injury or wrong against a person.
VENUE – The county or geographical area in which a case may be heard.
WITNESS – One who testifies as to what they have observed.
As always, our firm prides itself on our boutique firm model and welcomes the opportunity to discuss your claim and answer any questions you may have. Give us a call or fill out one of our case evaluation forms and our office will be in touch.
