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Business Law Legal Pleading Terms

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Legal Pleading Terms

1. Bill of complaint- states the vital statistics, called the jurisdictional facts and states the conduct, which forms the grounds for the divorce to be granted. It also covers certain technical matters and asks the court for anything you might want.

2. Motion for judgment- as a matter of law is a request asking the court to enter judgment as a matter of law.

3. Answer- in law, a written pleading filed by a defendant to respond to a complaint in a lawsuit filed and served upon that defendant.

4. Grounds of defense - a document that requires the Plaintiff to spell out exactly what the Defendant has supposedly done wrong.

5. Demurrer- challenges the sufficiency of a claim for affirmative relief, and can address misjoined claims, lack of subject matter jurisdiction, and most importantly a failure to state a cause of action through a failure to allege some fact, which is necessary for the claim to prevail. (Document that makes an objection)

6. Motion for a Bill of particulars- detailed, formal, written statement of charges or claims by a plaintiff or the prosecutor given upon the defendant's formal request to the court for more detailed information.

7. Request for production of Documents- A Request for Production of Documents, or RPD, is used in discovery as a formal way for one party to ask another party to hand over copies of any evidence in the form of documents related to the case.

8. Interrogatories- written questions used in the discovery portion of a civil (that is, non-criminal) suit to get information from the other party.

9. Request for admissions- also known as a request to admit, is a document used in discovery to establish which issues are not in dispute in the case.

10. Counterclaim- a claim for damages asserted by a defendant against the plaintiff.

11. Cross-claim- a demand made in a pleading that is filed against a party which is on the "same side" of the lawsuit.

12. Plaintiff- a person who brings a case against another in a court of law. (Complainant)

13. Defendant- an individual, company, or institution sued or accused in a court of law.

14. Pretrial Conference- meeting of the parties to an action and their attorneys held before the court prior to the commencement of actual courtroom proceedings.

15. Opening Statement- the time during which the attorney may speak to the jury and describe the case.

16. Jury Selection- the process by which attorneys and the court choose which prospective jurors will constitute the jury for a particular action.

17. Polling the Jury- asking Jurors individually after the verdict has been read whether they agree with the verdict.

18. Peremptory Strike- in law refers to a right in jury selection for the attorneys to reject a certain number of potential jurors without stating a reason

19. Strike for cause- is a method of eliminating potential members from a jury panel.

20. Plaintiff’s Case in Chief- is the time that the plaintiff has the opportunity to present evidence in support of its position

21. Examination- is the questioning of a witness for a particular party by that party.

22. Cross Examination- is the questioning of a witness for a particular party by an opposing party.

23. Objection- a formal protest raised in court during a trial to disallow a witness's testimony or other evidence, which would be in violation of the rules of evidence or other procedural law.

24. Hearsay- is evidence of a statement that was made other than by a witness while testifying at the hearing in question and that is offered to prove the truth of the matter stated.

25. Motion to Strike- When a defendant moves the court to strike out all of the evidence, upon any grounds, and the court overrules such motion, such defendant shall not thereafter be precluded from introducing evidence in his behalf.

26. Defendants Case in Chief-is the time that the defendant has the opportunity to present evidence in support of its position

27. Jury Instructions- statements by the judge to the jury that instruct the jurors on the pertinent law in the jurisdiction applicable to the action about which they will deliberate.

28. Closing Statements- the time when the attorneys may forcefully argue their sides of the case to the jury.

29. Jury Deliberation- judicial decision making process during which members of a jury go over the facts of the case after hearing the evidence, closing arguments, and the judge's instructions.

30. Verdict- a jury’s decision

31. Motion for Judgment Notwithstanding the Verdict - judgment entered by the court in favor of one party even though the jury returned a verdict for the opposing party.
32. Notice of Appeal- a formal notice served by the appellant on the court and the parties involved informing them of the appellant’s intention to request review of a lower court's order.
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