Office Location: Mayer B. Gordon & Associates, PC Travelers Tower, Suite 1720 26555 Evergreen Southfield, MI 48076 Phone: 248-355-1234 Fax: 248-386-0044 Toll Free: 888-658-8600   Action - Proceeding taken in a court of law. Synonymous with case, suit lawsuit. Adjudication - A judgment or decree Adversary system - Basic U.S. trial system in which each of the opposing parties has opportunity to state his viewpoints before the court. Plaintiff argues for defendant's guilt (criminal) or liability (civil). Affirm - The assertion of an appellate court that the judgment of the lower court is correct and should stand. Allegation - An assertion, declaration or statement of a party to an action made in a pleading, stating what he expects to prove. Alleged - (allegation) Stated; recited; claimed; asserted; charged. Answer - A formal response to a claim, admitting or denying the allegations in the claim. Appeal - Review of a case by a higher court. Appearance - 1. The formal proceeding by which a defendant submits to the jurisdiction of the court. 2. A written notification to the plaintiff by an attorney stating the he is representing the defendant. Arbitration - the hearing and settlement of a dispute between opposing parties by a third party whose decision the parties have agreed to accept. At issue - The time in a lawsuit when the complaining party has stated his claim and the other side has responded with denial and the matter is ready to be tried. Attorney at law - A lawyer; one who is licensed to act as a representative for another in a legal matter or proceeding. Attorney of record - An attorney , named in the records of a case, who is responsible for handling the cause on behalf of the party he represents. Bankruptcy - A legal proceeding where a person or business is relieved of paying certain debts. Best evidence - Primary evidence; the best evidence which is available; any evidence falling short of this standard is secondary. Brief - A legal document, prepared by an attorney which presents the law and facts supporting his client's case Burden of proof - Measure of proof required to prove a fact. Obligation of a party to probe facts at issue in the trial of a case. Calendar - List of cases arranged for hearing in court. Certiorari - Procedure for removing a case from a lower court or administrative agency to a higher court for review. Challenge for cause - A request by a party that the court excuse a specific juror on the basis that the juror is biased. Citation - Summons to appear in court. 2. Reference to authorities in support of a legal argument. Civil law - All law that is not criminal law. Usually pertains to the settlement of disputes between individuals, organizations or groups and having to do with the establishment, recovery or redress of private and civil rights. Claim - The assertion of a right to money or property. Clerk of the court - An officer of a court whose principal duty is to maintain court records and preserve evidence presented during a trial. Closing argument - The closing statement, by counsel, to the trier of facts after all parties have concluded their presentation of evidence. Code - A collection, compendium or revision of laws systematically arranged into chapters, table of contents and index and promulgated by legislative authority. Commit - To lawfully send a person to prison, a reformatory or an asylum Common law - Law which derives its authority solely from usage and customs of immemorial antiquity or from the judgments and decrees of courts. also called "case law." Comparative negligence - Negligence of a plaintiff in a civil suit which decreases his recovery by his percentage of negligence compared to a defendant's negligence. Competency - In the law of evidence, the presence of those characteristics which render a witness legally fit and qualified to give testimony. Complaint - 1. (criminal) Formal written charge that a person has committed a criminal offense. 2. (civil) Initial document entered by the plaintiff which states the claims against the defendant. Contempt of court - Any act that is meant to embarrass, hinder or obstruct a court in the administration of justice. Direct contempt is committed in the presence of the court; indirect contempt is when a lawful order is not carried out or refused. Continuance - Adjournment of the proceedings in a case from one day to another. Corroborating evidence - Evidence supplementary to that already given and tending to strengthen or confirm it. Costs - An allowance for expenses in prosecuting or defending a suit. Ordinarily does not include attorney's fees. Court superior - State trial court of general jurisdiction. Court supreme - "Court of last resort." Highest court in the state and final appellate court. Courts of limited jurisdiction - Includes district, municipal and police courts. Crime - Conduct declared unlawful by a legislative body and for which there is a punishment of a jail or prison term, a fine or both. Criminal law - Body of law pertaining to crimes against the state or conduct detrimental to society as a whole. Violation of criminal statues are punishable by law. Cross examination - The questioning of a witness by the party opposed to the one who produced the witness. Damages - Compensation recovered in the courts by a person who has suffered loss, detriment or injury to his/her person, property or rights, through the unlawful act or negligence of another. De novo - "Anew." A trial de novo is a completely new trial held in a higher or appellate court as if the original trial had never taken place. Declamatory judgment - A judgment that declares the rights of the parties on a question of law. Decree - Decision or order of the court. A final decree completes the suit; an interlocutory decree is a provisional or preliminary decree which is not final. Default - A failure of a party to respond in a timely manner to a pleading; a failure to appear for trial. Defendant - 1 (criminal) Person charged with a crime. 2. (civil) Person against whom a civil action is brought. Defense attorney - The attorney who represents the defendant. Deposition - Sworn testimony taken and recorded in an authorized place outside of the courtroom, according to the rules of the court. Direct examination - The questioning of a witness by the party who produced the witness. Discovery - A pretrial proceeding where a party to an action may be informed about (or "discover") the facts known by other parties or witnesses. Dismissal with prejudice - Dismissal of a case by a judge which bars the losing losing party from raising the issue again in another lawsuit. Dismissal without prejudice - The losing party is permitted to sue again with the same cause of action. Disposition - 1. Determination of a charge; termination of any legal action; 2. A sentence of a juvenile offender. Dissent - The disagreement of one or more judges of a court with the decision of the majority. Docket - Book containing entries of all proceedings in a court. Due process - Constitutional guarantee that an accused person receive a fair and impartial trial. En banc "On the bench." All judges of a court sitting together to hear a case. Enjoin - To require a person to perform, or abstain or desist from some act. Evidence - Any form of proof legally presented at a trial through witnesses, records, documents, etc. Exception - A formal objection of an action of the court, during the trial of a case, in refusing a request or overruling an objection; implying that the party excepting does not acquiesce in the decision of the court and will seek to obtain its reversal. Exhibit - Paper, document or other object received by the court as evidence during a trial or hearing. Expert evidence - Testimony given by those qualified to speak with authority regarding scientific, technical or professional matters. Fact-findinq hearing - A proceeding where facts relevant to deciding a controversy are determined. Fair Preponderance-- Evidence sufficient to create in the minds of the triers of fact the belief that the party which bears the burden of proof has established its case. Felony - A crime of grave nature than a misdemeanor. Fine - A sum of money imposed upon a convicted person as punishment for a criminal offense. File - 1. The complete court record of a case. 2. "To file" a paper is to give it to the court clerk for inclusion in the case record. 3. A folder in a law office (of a case, a client, business records, etc.) Fraud - An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right or in some manner do him/her injury. General jurisdiction - Refers to courts that have no limit on the types of criminal and civil cases they may hear. Superior courts are courts of general jurisdiction. Grand Jury - A body of persons sworn to inquire into crime and, if appropriate, bring accusations (indictments) against the suspected criminals. Guardian ad litem - A person appointed by a court to manage the interests of a minor or incompetent person whose property is involved in litigation. Hearing - An in-court proceeding before a judge, generally open to the public. Hearsay - Evidence based on what the witness has heard someone else say, rather than what the witness has personally experienced or observed. Hung Jury - A jury whose members cannot agree on a verdict. Hypothetical question - A combination of facts and circumstances, assumed or proved, stated in such a form as to constitute a coherent state of facts upon which the opinion of an expert can be asked by way of evidence in a trial. Immunity - Freedom from duty or penalty. Impeachment of a witness - An attack on the credibility of a witness by the testimony of other witnesses. Inadmissible - That which, under the established rules of evidence, cannot be admitted or received. Interrogatories - Written questions developed by one party's attorney for the opposing party. Interrogatories must be answered under oath within a specific period of time. Intervention - Proceeding in a suit where a third person is allowed, with the court's permission, to join the suit as a party. Judge - An elected or appointed public official with authority to hear and decide cases in a court of law. Judgment - Final determination by a court of the rights and claims of the parties in an action. Judge pro tem - Temporary judge. Jurisdiction-- Authority of a court to exercise judicial power. Jurisprudence - The science of law. Juror - Member of a jury. Jury - Specific number of people (usually 6 or 12), selected as prescribed by law to render a decision (verdict) in a trial. Law - The combination of those rules and principles of conduct promulgated by legislative authority, derived from court decisions and established by local custom. Law clerks - Persons trained in the law who assist the judges in researching legal opinions. Lawsuit - A civil action; a court proceeding to enforce a right (rather than to convict a criminal). Lawyer - A person licensed to practice law; other words for "lawyer" include: attorney, counsel, solicitor and barrister Lay - non-professional; for example: a lawyer would call a non-lawyer a lay person and a doctor would call a non-doctor a lay person. Litigant - One who is engaged in a lawsuit. Litigation - Contest in court; a law suit. Magistrate - Court official with limited authority. Malpractice. Professional misconduct or unreasonable lack of skill. A claim of malpractice must prove two things. One, you must prove that you could have won your case were it not for your lawyer's negligence. And, secondly, you must prove that your lawyer's actions were negligent. Mandate - Command from a court directing the enforcement of a judgment, sentence or decree.