In our last blog, we covered the first half of our list of legal terms anyone involved in a civil case should be familiar with. This week, we’ll finish our list and provide some closing insights about personal injury law and how you, as a personal injury victim, can proceed.
Motion
Oral or written request before, during or after a trial on which a court issues a ruling or order.
Motion for New Trial
A motion made to the court for a re-examination of an issue of fact in the same court after a trial and decision by a jury or court.
Motion to Strike
A motion made by a party to the court for a ruling to strike (remove) portions of a complaint. A motion to strike prevents the entry of default pending the outcome of the motion.
Negligence
The failure to do something which a reasonable person, guided by ordinary considerations, would do; the doing of something which a reasonable and prudent person would not do.
Petition
Written application to a court requesting a remedy available under law.
Plaintiff
The person who brings an action; the party who complains or sues in a personal action and is so named on the record.
Preponderance of evidence
Greater weight of evidence or evidence which is more credible and convincing to the mind, not necessarily the greater number of witnesses; the standard of proof usually required in civil actions.
Quash
To overthrow, vacate; to annul or void a summons or indictment.
Subpoena
A process to cause a witness to appear and give testimony before a court.
Summary Judgment
The termination of a lawsuit, usually before trial, upon the judgment showing that there is no issue of fact in the case, and that one party or another is entitled to prevail as a matter of law.
Summons
A writ or order directing the sheriff or other officer to notify the named person that an action has been commenced against him or her in court, and that he or she is required to appear, on the day named, and answer the petition or complaint in such action.
Tort
An injury or wrong committed, either with or without force, to the person or property of another.
Venue
The particular county, city or geographic area in which a court with jurisdiction may hear and determine a case.
Writ
An order from a court of justice requiring the performance of a specified act or giving authority and commission to have it done.
Law and Order can only provide so much (and no, you should not get any definitive information from fictional TV shows), so we hope this list has provided you with some important basic legal knowledge. Being able to keep up with the lingo is just one way to ease the process and alleviate the stress of your case. For personalized and effective Personal Injury legal service, contact the professionals at Friedman Law here.