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vegetable03UID：3761455

20. The delivery of copies of legal documents such as summons, complaint, subpoena, and certain other documents, usually by personal delivery to the defendant ordering him or her to appear in court in order to answer the allegations made by the plaintiff.
21. The formal notice from the court ordering the defendant to appear. The summons is issued by the court at the time a lawsuit if filed, stating the name of both plaintiff and defendant, the title and file number of the case, the court and its address, the name and address of the plaintiff’s attorney, and instructions as to the need to file a response to the complaint within a certain time (such as 30 days after service). A summons differs from a subpoena, which is an order to a witness to appear.
22. A person who serves (delivers) legal papers in lawsuit, either as a profession or as a government official, such as a deputy sheriff, marshal or constable.
23. Any written document in which the signer swears under oath before a notary public or someone au- thorized to take oaths (like a Clear of the court), that the statements in the document are true.
24. The law establishing the period within which the lawsuit must be commenced; if the lawsuit or claim is not filed before the statutory deadline, the right to sue or make a claim is forever dead (barred).
The maximum period which one can wait before filing a lawsuit, depending on the type of case or claim. The periods vary by state. In some instances a statute of limitations can be extended (“tolled”) based on delay in discovery of thee injury or on reasonable reliance on a trusted person. A minor’s right to bring an action for injuries due to negligence is tolled until the minor turns 18 (except for a claim against governmental agency). There are also statues of limitation on bringing criminal charges, but homicide generally has no time limitation on prosecution.
25. The power of the court over the person of the defendant obtained in part by proper service of process.
In a lawsuit in which the case is against a specific individual, that person must be served with a summons and complaint to give the court jurisdiction to try the case, and the judgment applies to that person and is called an “in personam” judgment.
This technical distinction is important to determine where to file a lawsuit and how to serve a defendant. “ In personam” means that a judgment can be enforceable against the person wherever he/she is. On the other hand, if the law suit is to determine title to property (in rem) then the action must be filed where the property exists and is only enforceable there.
26. Application by a defendant in a lawsuit or criminal prosecution asking the judge to rule that the plaintiff or the prosecution has not and cannot prove its case. A motion to dismiss is a direct challenge to the legal sufficiency of the complaint.
Attorney most often make this motion after the plaintiff or prosecutor has presented all the evidence they have. Quite often this is an oral motion, and arguments are made in the judge’s chambers where the jury cannot hear. Rather than immediately file an answer, a defendant may choose to file a motion to dismiss, which is granted by the trial and it court would terminate the suit immediately.
27. Failure of the plaintiff to allege enough facts in the complaint. Even if the plaintiff proved all the facts alleged in the complaint, the facts would not establish a cause of action entitling the plaintiff to recover against the defendant.

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28. The technical rules setting forth the steps required to conduct a lawsuit. These include filling com- plaints, answers; serving documents on the opposition setting hearing, preparing orders; giving notice to the other parties; conduct of trials; and all the rules and laws governing that process. Procedural law is distinguished from substantive law which establishes rights and duties of the subjects.
29. The technical rules governing in the manner in which civil cases are brought in and progressed through the federal trial courts.
30. A written pleading filed by a defendant to respond to a complaint in a lawsuit and served upon the defendant. Once a defendant has been served with the complaint, he is required to file some sort of response. One common response is called an answer. A typical answer consists of two parts. In the first part, the defendant responds to each of the factual allegations in the complaint by either admitting that a given alle- gation is true or denying that allegation. In the second part of his answer, the defendant can set forth certain affirmative defense.
31. An order of the court deciding the case in favor of the plaintiff because the defendant failed to appear or to file an answer before the deadline. A defendant who fails to file an answer or other legal response when it is due can request that the default be set aside, but must show a legitimate excuse and a good defense to the lawsuit.
32. A formal request made to a judge for an order or judgment. Motions are made in court all the time for many purpose: to continue (postpone) a trial to a later date, to get a modification of an order, for temporary child support, for a judgment, for dismissal of the opposing party’s case, for a rehearing, or for dozens of other purposes.
33. A defense that is based on new factual allegations by the defendant not contained in the plaintiff’s al- legations. Affirmative defense can contain allegations, take the initiative against statements of facts contrary to those stated in the original complaint against them, and include various defenses based on legal principles.
34. A claim by one codefendant against another codefendant.
35. A response to claims of the other party setting forth reasons why the claims should not be granted. The defense may be as simple as a flat denial of the other party’s factual allegations or may involve entirely new factual allegations.

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36. A retaliatory claim by a defendant against a plaintiff in a lawsuit included in the defendant’s answer and intending to off-set and/or reduce the amount of the plaintiff’s original claim against the defendant.
For example, Hotdog Products sues Barbecue Bill’s Eatery for $40,000 for meat delivered to Bill’s but not paid for, and Bill counterclaims that Hotdog owes him $20,000 for a load of bad chicken livers, so Hotdog is only entitled to $20,00.
At this point five assorted claims, cross-claims and counterclaims had been filed by the parties with the court. These claims and their relationship to each other are demonstrated in the figure below.
1. Plaintiff Gipson’s original complaint for negligence against Tord and against Sawyer’s estate.
2. Defendant Tord’s counterclaim for negligence against plaintiff, Gipson.
3. Defendant Tord’s cross-claim for negligence against his codefendant, Sawyer’s estate.
4. Defendant estate’s cross-claim for negligence against its codefendant, Tord.
37. The pretrial devices that can be used by one party to obtain facts and information about the case from the other party in order to assist in preparing for trial. The theory of broad rights of discovery is that all parties will go to trial with as much knowledge as possible and that neither party should be able to keep secrets from the other. These useful devices are designed to operate without active involvement by the courts.
38. A set of questions to a party to a lawsuit asked by the opposing party as part of the pretrial discovery process. These questions must be answered in writing under oath or under penalty of perjury within a specific time (such as 30 days).
39. The taking and recoding of testimony of a witness under oath before a court reporter in a place away from the courtroom before trial. A deposition is part of permitted pre-trial discovery, set up by an attorney for one of the parties to a lawsuit demanding the sworn testimony of the opposing party (defendant or plaintiff), a witness to an event, or an expert intended to be called at trial by the opposition.
40. Written statements of facts concerning the case which are submitted to an adverse party and which that party is required to admit or deny; those statements that are admitted will be treated by the court as having been established and need not be proved at trial.
Requests for admissions are usually made toward the end of the discovery phase of a suit, after other dis- covery tools have revealed the basic facts of the case. Admissions shorten and simplify a trial, and a plaintiff is often well-advised to eliminate as many contested issues as possible through requests for admissions.
41. Every direction or mandate of a judge or a court which is not a judgment or legal opinion (although both may include an order) directing that something be done or that there is prohibition against some act. This can range from an oder that a case will be tried on a certain date, to an order that a convinced defendant be executed at the state prison.
42. Any proceeding before a judge or other magistrate (such as a hearing officer or court commissioner) without a jury in which evidence and/or argument is presented to determine some issue of fact or both issues of fact and law. Hearings occur in court as well as in administrative agencies.

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43. A request by a party that a decision shall be reached on the basis of testimony recorded outside court, affidavits, depositions, admissions of fact and/or answers to written interrogatories without having to go through the entire trial. This written request asks for a judgment in the moving party’s favor. A summary judgment is normally allowed only when there is no dispute between the parties as to any of the material or significant facts. Summary judgment can be granted on the entire cases or on some of the claims raised within it.
44. A judicial officer having some but not all the powers of a judge: In the federal trial courts, the magis- trate may conduct many of the preliminary or pretrial proceedings in both civil and criminal cases.
45. A conference held between the judge (or magistrate) and the attorneys to prepare the case for trial. At this conference, the presiding officer often encourages the parties to settle the disputes on their own in order to avoid a trial.
In any action, the court may in its discretion direct the attorneys for the parties to appear before the pretrial conference for such purpose as: (a) expediting the disposition of the action; (b) discouraging wasteful pretrial activities; (c) improving the equality of the trial through more thorough preparation, and (d) facilitating the settlement of the case.
46. Agreed to. A situation of fact will not be contested or disputed so that no evidence need be presented as to the truth or falsity of that fact at trial.
47. Physical evidence that can be seen or touched, e.g., letters, photographs, skeletons. Testimonial evi- dence is evidence that can be heard, e.g., the statements made by anyone sitting in the witness box.
48. To place evidence formally before the court so that it will become part of the record for consideration by the judge and jury.
49. To schedule a date when the trial is to begin.
50. A court official, usually a deputy sheriff, who keeps order in the courtroom and handles various errands for the judge and clerk. “Bailiff” has its origin in Old French and Middle English for custodian, and in the Middle Ages was a significant position in the English court system.
51. A group of citizens who have been called to jury duty. From this group, juries for particular trials will be selected. The suitability of an individual for the responsibility of jury service is examined during voir dire (see below). Moreover, during the trial the jury is observable by the court, by counsel, and by court personnel.

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52. From French “to see to speak”, the questioning of prospective jurors by the lawyers, by the judge, or by both the lawyers and the judge for purposes of selecting a jury. Voir dire is used to determine if any juror is biased and/or cannot deal with the issues fairly, or if there is a cause not to allow a juror to serve.
53. A request that a prospective juror be dismissed because there is a specific and forceful reason to believe the person cannot fair, unbiased or capable of serving as a juror. Causes include acquaintanceship with either of the parties, one of the attorneys or a witness, the potential juror’s expression during voir dire of inability to be unbiased due to prior experience in a similar case (having been convicted of drunk driving, being a battered wife, etc.), any obvious prejudice, or inability to serve (such as being mentally disturbed). It is for the judge to make determination whether the person shall be dismissed.
54. The right of the plaintiff and the defendant in a jury trial to have a juror dismissed before trial without stating a reason. This challenge is distinguished from a “challenge of cause” (see above). The number of peremptory challenges for each side will differ based on state law, the number of parties to a case, and whether it is a civil or criminal trial. The usual phrasing used by lawyers exercising the challenge is “Juror number seven may be excused.”
55. An extra juror who will sit with the regular jurors and who will take place of a regular juror if one becomes incapacitated during the trial.
56. A rule that requires certain witnesses to be removed from the courtroom until it is time for their individual testimony so that they will not be able to hear each other’s testimony.
57. After the jury has been impaneled, counsel for each party is given the opportunity to make an opening statement to the jury, with plaintiff’s counsel going first. The defendant’s attorney may delay the opening statement for the defense until the plaintiff’s evidence has been introduced. Unlike a “closing argument”, the opening statement is supposed to be a factual presentation and not an argument.
58. The responsibility of proving a fact at the trial. Generally, the party asking the factual allegations has the burden of proof as to that allegation.
59. A discussion between the judge and the attorneys held at the judge’s bench so that the jury cannot hear what is being said.
60. Legal capacity to testify.
61. To ask the jury to leave the room.
62. The questioning of one party or witness by an attorney.
63. Deny. This word is also used when a court repudiates the holding of a prior opinion written by the
same court.
64. A formal challenge usually directed at the evidence that the other side is trying to pursue or introduce.

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65. The first questioning of a witness during a trial or deposition (testimony out of court), as distinguished from cross-examination by opposing attorneys and re-direct examination when the witness is again ques- tioned by the original attorney. Normally the attorney who calls the witness to the stand conducts the direct examination.
66. Second-hand evidence in which the witness is not telling what he/she knows personally, but what others have said to him/her.
67. To remove the testimony or evidence from the written record or transcript of the trial.
68. Questioning the witness after the other side has completed the direct examination. The questions cross- examination are limited to the subjects covered in the direct examination of the witness, but importantly, the attorney may ask leading questions, in which he/she is allowed to suggest answers or put words in the witness’s moth. (For example, “Isn’t it true that you told Mrs. Jones she had done nothing wrong?” which is leading, as compared to “Did you say anything to Mrs. Jones?”)
69. Questioning the witness after the cross-examination. The attorney who conducted the direct examina- tion conducts the re-direct examination.
70. Period of time when the trial is stopped. It means the meeting will break and then continue at a later time.
71. A person who is a specialist in a subject, often technical, who may present his/her expert opinion without having been a witness to any occurrence relating to the lawsuit or criminal case. If the expertise is challenged, the attorney for the party calling the “expert” must make a showing of the necessary background through questions in court, and the trial judge has discretion to qualify the witness or rule he/she is not an expert, or is an expert on limited subjects.

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72. An official or employee who handles the business of a court or a system of court, maintains files of each case, and issues routine documents.
73.
1) A document or object (including a photograph) introduced as evidence during a trial. These are subject to objections by opposing attorneys just like any evidence.
2) Acopyofapaperattachedtoapleading,declaration,affidavitorotherdocuments,whichisreferred to and incorporated into the main document.
74. To request that the items be formally declared admissible (which is not the same as declaring them to be true; they are admitted simply for consideration as to their truth or falsity).
75. To announce formally that you have concluded the presentation of evidence (e.g., through the intro- duction of tangible evidence, through direct examination of your own witness).
76. To halt the proceedings temporaily.
77. To order the jury to reach a verdict for the party making the motion on the ground that the other side, who has just rested its case, has failed to produce enough convincing evidence to establish a cause of action.
78. To delay ruling on the motion until another time.
79. The party’s evidence, if believed by the jury, would be legally sufficient to support a verdict in favor of that party. If the plaintiff fails to establish a prima facie case, the judge will decide the case in favor of the defendant without any further proceedings. If the judge finds that there is a prima facie case, the defendant will be allowed an opportunity to produce contrary evidence. The case will then go to the jury to decide which version of the facts is true.

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80. A statement of the guidelines and law given by the judge to the jury which they are to used in deciding the issues of fact. The instructions to the jury are also referred to as the charge to the jury. The attorneys are usually allowed to submit proposed instructions for consideration by the judge.
81. The final statement by the attorneys summarizing the evidence that they think they have established and the evidence that they think the other side has failed to establish.
82. The decision of a jury after a trial, which must be accepted by the trial judge to be final. A judgment by a judge sitting without a jury is not a verdict.
83. An essential requirement to a cause of action (the right to bring a lawsuit to enforce a particular right). Each cause of action (negligence, breach of contract, trespass, assault, etc.) is made up of a basic set of element which must be alleged and proved.
84. The greater weight of the evidence required in a civil (non-criminal) lawsuit for the trier of fact (jury or judge without a jury) to decide in favor of one side or the other. The preponderance is based on the more convincing evidence and its probable truth or accuracy, and not on the amount of evidence. Preponderance of the evidence is required in a civil case and is contrasted with “beyond a reasonable doubt”, which is the more severe test of evidence required to convict in a criminal trial.
85. A statement of how convincing the evidence must be in order for a party to comply with his or her burden of proof. The main standards of proof are proof beyond a reasonable doubt (in criminal case only), proof by clear and convincing evidence, and proof by preponderance of evidence.
86. The final decision by a court in a lawsuit, criminal prosecution or appeal from a lower court’s judge- ment, except for an “interlocutory judgment” which is tentative until a final judgement is made. The word “decree” is sometimes used as synonymous with judgment.

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87. Reversal of a jury’s verdict by the trial judge when the judge believes there was no factual basis for the
verdict or it was contrary to law. The judge uses the power to reverse the verdict to prevent injustice. This process is commonly called “judgment N.O.V.” or simply “N.O.V.”, for Latin non obstane veredicto.
88. A request made by the loser for the case to be tried again on the basis that there were significant legal errors in the way the trial was conducted and/or the jury or the judge sitting without a jury obviously came to an incorrect result. This motion must be made within a few days after the judgment is formally entered and is usually beard by the same judge who presided at the trial. Such a motion is seldom granted unless there is some very clear error which any judge would recognize.
89. Lowering the amount of the damage award reached by the jury.
90. v. To ask a higher court to reverse the decision of a trial court after final judgment or other legal ruling.
n. The name for he process of appealing, as in “he has filed an appeal”.
91. To delay enforcement or execution of the court’s judgment waiting for the appellate result.
92. A document announcing an intention to appeal filed with the appellate court and served on the oppos-
ing party.
93. A sum of money deposited with the court to assure compliance with some requirements.
94. A decision on the substance of the claims raised. Normally, a judgment of dismissal based solely on
some procedural error is not a judgment on the merits. A party who has received a judgment on the merits cannot bring the same suit again.
95. Latin for “the thing has been judged”,which means the issue before the court has already been decided by another court, between the same parties. Therefore, the court will dismiss the case before it as being useless. Example: an Ohio court determines that John is the father of Betty’s child. John cannot raise the issue again in another state.
96. The party initiating the appeal. The party who is complaining of error made by the lower court.
97. Word-for-word typed record of everything that was said “on the record” during the trial.
98. The cases on a court calendar.
99. The party against whom the appeal is brought (also called the respondent). Generally the appellee is
satisfied with what the trial court did and wished the appellate court to approve of or affirm the trial court’s judgment.

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100. A written legal argument, usually in a format prescribed by the courts, stating the legal reasons for appeal and the positions of the parties on those issues—relating to the claimed errors that occured during the trial.
101. The claimed errors of law committed by the trial court judge below. The appellate court does not retry the case. No witnesses are called, and no testimony is taken by the appellate court. The court examines the record and determines whether errors of law were committed by the trial judge.
102. A verbal presentation made by the attorneys before the appellate court during which arguments about the validity or invalidity of what the trial judge did were presented.
103. The explanation of a court’s judgment. One case can contain several opinions: a majority opinion, a dissenting opinion which disagrees with the majority opinion, and a concurring opinion which agrees with the result, but apply different emphasis, precedents or logic to reach the determination.
104. To agree with or uphold the lower court judgment. If the appellate court remanded the case, it would be sending it back to the lower court with instructions to correct the irregularities specified in the appellate opinion. If the appellate court revered the court below, it would have changed the result reached below.
105. A second hearing by the appellate court to reconsider the decision it made after the first appellate hearing.
106. French for “in the bench”, it signifies a decisions by the full court of all the appeals judges in jurisdic- tions where there is more than one three-or-four-judge panel. The larger number sits in judgement when the court feels there is a particular significant issue at stake or when requested by one or both parties to the case and agreed to by the court.
107. To make a formal request; similar to a motion.

vegetable03UID：3761455

累死宝宝了，搞个引用真是复杂。接下来灌点什么呢？

vegetable03UID：3761455

Digest 1
As the negligence suit was under way, Gipson had been involved in a second dispute. Gipson was defending himself in a criminal prosecution108 for possession of narcotics with intent to distribute. After Gipson having recovered from his injury, two police officers appeared in the hospital. They produced a warrant109 and informed Gipson that he was under arrest. Gipson was taken to the police station after he had read his rights.

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Digest 2
The following morning Gipson was taken before a judge for his initial appear- ance110. The judge told Gipson that he had been charged with a felony111, possession of narcotics with intent to distribute. Since Gipson was unemployed and without ade- quate funds to pay, an attorney was assigned112 to represent Gipson.

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Digest 3
When the case was recalled, the attorney filed a praecipe and formally entering his name as attorney of record for Gipson. The attorney proceeded to discuss the matter of bail113. The prosecutor was then given an opportunity to speak. He suggested a high bond114 for the defendant was unemployed and had no close relatives in the area. The judge nevertheless agreed to release. Gipson on his personal recognizance115 and set a date for a preliminary hearing116 the following week. At the preliminary hearing, the only witness was the police officer who had been at the scene of the accident. The policeman said that when he helped pull Gipson out of the car, the found a small paper box sticking out from under the passenger’s side of the front seat. A glassine envelope containing a white powdery substance had spilled out of the box. The substance, about an ounce, was proved to be pure heroin. After Gipson’s attorney cross — examined the policeman briefly, the judge advised that there was probable cause117 to hold the defendant and ordered the case for grand jury118 action.

vegetable03UID：3761455

前前前世(Movie Ver.)