Preparing for Civil Trial
Must Know Info
A civil suit can be difficult.
Fortunately we are here. A lot of new terminology is going to be thrown at you in the next few days. We are here to help you make sense of it all.
Essential Vocab
Plaintiff
A person who brings a case against another in a court of law. This is the person who is suing, the one who believes they have been wronged.
Defendant
An individual, company, or institution sued or accused in a court of law. This is the person accused of committing a crime.
Complaint
The plaintiff's reasons for proceeding in a civil action. This is why the plaintiff is suing.
Summons
An order to appear before a judge or magistrate, or the writ containing it. These papers are "served" ordering people to come to court.
Pleadings
A formal statement of the cause of an action or defense. This is what the defendant is pleading as, innocent or guilty.
Pretrial
A proceeding held by a judge or arbitrator before a trial to simplify the issues of law and fact. This is a hearing held before the trial to help the trial run smoothly.
Conference
A meeting of people and their attorneys for the purpose of coming to a settlement. A conference tries to resolve legal differences in a less messy way.
Mediation
A settlement of a dispute by setting up an independent person between two parties to aid in the resolution of an argument. This is a person or persons that get in the middle of difficult cases to help resolve them.
Arbitration
The settling of disputes between two parties by an impartial third party, whose decision the contending parties agree to accept. Arbitration most common in divorce courts.
Trial
A formal examination of evidence before a judge, and typically before a jury, in order to decide guilt in a case of criminal or civil proceedings. The trial is where all the evidence is presented and argued before the jury.
Judge
A public official appointed to decide cases in a court of law. A judge, or a single appointed official may decide your case.
Jury
A group of people, typically twelve, sworn to give a verdict in a legal case on the basis of evidence submitted to them in court. Your case can also be decided by a jury of your peers.
Preponderance of evidence
A standard of proof that must be met by a plaintiff if they are to win a civil suit. This is the minimum requirement of proof to hold a lawsuit.
Verdict
The finding or answer of a jury given to the court concerning a matter submitted to their judgment. This is the outcome and winner of the trial.
Appeal
An application to a higher court for a reversal of the decision of a lower court. Don't worry, if you don't like the outcome, you can always appeal, and ask to be reconsidered.
Now you are ready to ace this lawsuit!
Smith and Smith, Attorneys at Law
Email: contact@smithandsmith.com
Website: smithandsmith.com
Location: 213 Example Way
Phone: 1-800-772-8193
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Twitter: @smithandsmith