W, W, & W Law Firm
Welcome to the Firm!
Here is what you need to know:
Through out this brochure you will be guided by us to prepare you for what is ahead.
Here is a list of vocabulary that might appear in the court room
- plaintiff- a person who brings a case against another in a court of law
- defendant- an individual, company, or institution sued or accused in a court of law
- complaint- the first document filed with the court by a person or entity claiming legal rights against another
- summons- a written notice to appear before court
- pleadings- awaiting the decision to be heard on a future date while the case lies in court
- pre trial conference- a meeting of the partied to a case conducted prior to trail
- mediation- a form of alternative dispute resolution which the parties of a lawsuit meet with a neutral third-party in an effort to settle the case
- arbitration- the hearing and determining of a dispute or the settling of differences between parties by someone
- trial- a formal examination before a judge and jury
- preponderance of evidence- requirement that more then 50% of the evidence points to something
- verdict- a decision on a disputed issue in a civil or criminal case or an inquest
- appeal- to make a serious or urgent request
Here are some more facts
The Symbol for Defendant and Plaintiff
The Burden of Proof. The two in a court of law can never balance each other out. There is always a clear winner
More About Appeals
In a civil case, either party may appeal to a higher court. In a criminal case, only the defendant has a right to an appeal in most states, but some states give the prosecution a limited right to appeal to determine certain points of law. Appeals by the prosecution after a verdict are not normally allowed because of the prohibition in the U. S. Constitution against double jeopard.
Voluntary V. Required
Arbitration can be voluntary or required. The traditional model is voluntary, and closely linked to contract law. Mandatory arbitration is a more recent phenomenon. States such as Minnesota, New York, and New Jersey have enacted statutes that force disputes over automobile insurance claims into this forum.
History of Pleadings
Old common law rules of pleading were complicated and rigourous. Meritorious complaints were often thrown out of court for technical flaws in form rather than substance. In most states, a pleading must no longer conform to archaic formats but may be a simple petition or complaint setting forth the relevant facts and asking for a remedy.