Glossary of Legal Terms

 

Source: Black's Law Dictionary (6^th Edition)

Civil Action:     An action brought to enforce redress or protect rights: all types of actions other than criminal proceedings

 

Tort:                 A legal wrong or injury upon the person or property

 

Plaintiff:           A person who brings a legal action

 

Defendant:      The person against whom a legal action is brought

 

Pleadings:       The formal allegations by the parties to a lawsuit of their respective claims and defenses, with the intended purpose of being to provide notice of what is to be expected at trial

 

Motions:           An application or request to the court or judge for the purpose of obtaining a rule or order directing some act to be done

 

Complaint:       The original or initial pleading by which a civil action is commenced; the pleading which sets for the claim for relief, such as money damages

 

Answer:           The response of the defendant to the plaintiff's complain, denying in whole or in part the allegations made by the plaintiff

 

Summons:      An instrument used in civil action of acquiring jurisdiction or power over a party

 

Subpoena:       A command to appear at a certain time and place to give testimony upon a certain matter

 

Service of process:     The delivering to a person of a summons, complaint or other pleading; purpose is to give reasonable notice to the person of proceedings to afford him or her the opportunity to appera and respond

 

Discovery:       Pre-trial devices that can be used by one party to obtain facts and information about the case from the other party in order to assist the party's preparation for trial

 

Deposition:      The testimony of a witness upon oral or written questions, under oath; usually reduced to writing and duly authenticated

 

Interrogatories:            Discovery devices consisting of a set of series of questions drawn up for the purpose of being propounded to a party =, witness or other person having information of interest in the case

 

Mediation:        Private informal dispute resolution process in which neutral person helps disputing parties reach an agreement

 

Arbitration:       A process of dispute resolution where neutral person renders a decision after a hearing at which both parties have an opportunity to be heard

 

 

The Birth of a Lawsuit

 

1.                  One person commits an actionable act against another.

 

2.                  That person sustains some physical, economic, mental or emotional injury

 

3.                  That person files a Complaint and is referred to as the plaintiff.  If the plaintiff does not have an attorney, he or she appears before the court in a pro se capacity.

 

4.                  The Complaint, along with a Summons, is served on the defendant.  The Summons directs the defendant to answer the Complaint within a prescribed period of time and in D.C. to appear before the Judge for an initial status and scheduling conference.

 

5.                  The defendant files an Answer to the Complaint, and may bring in other necessary parties or related claims.  If the defendant does not answer the complaint, he or she is subject to a default judgement.  Once a default judgement is entered, the defendant cannot contest the liability.

 

6.                  The parties enter what is called the discovery phase of the case.  Discovery proceeds for a limited time period as prescribed by the Court.  Once discovery is closed, the parties cannot obtain additional information from their opponent(s).  The parties can however, continue to develop their own trial strategy.

 

7.                  DC Superior Court requires that all parties participate in non-binding mediation.  This conference takes place shortly after discovery closes.  At the mediation conference, a neutral third party (usually a volunteer attorney or retired judge) will try to mediate a settlement between the parties.  If mediation fails, the parties must select a date for a Pretrial Conference.

 

8.                  The Judge presides over the Pretrial Conference.  The parties must submit a Pretrial Statement one-week before the conference.  The Pretrial Statement lists all the claims and defenses each side intends to advance, as well as identifies witnesses and exhibits, jury instructions, voir dire questions, and verdict forms.  The Statement also contains other important information related to the management of the trial.  At the end of the Pretrial Conference, the judge will assign a trial date.

 

9.                  Trial- the Plaintiff's day in court.  The trial may be a jury trial or a non-jury trial.  If it is a jury trial, the first half-day of trial is taken up by jury selection.  This is when the voir dire is used.  Once the jury is empanelled and sworn, the Plaintiff makes an opening statement.  The defense may make its opening statement immediately after the plaintiff's statement or wait until the defense begins to present its case.  After opening statements, the plaintiff presents its case.  The plaintiff is first because the plaintiff has the burden of proof.  After the plaintiff rests, the defense presents its case.  At the close of all the evidence, the plaintiff makes a closing argument, after which the defense makes a closing argument.  The Judge then gives the jury instructions by which the jury will decide the case.  Jury deliberations begin and do not end until the jury reaches a verdict or is declared hopelessly deadlocked.

 

10.              Post trial relief in the form or motions for new trials, reduced judgement, increased judgement, judgement not withstanding the verdict and an appeal is available under the proper facts.