Healthcare Law 1/09

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a party who appeals a trial court decision that the party has lost

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appellant

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the party who has won at the trial court decision in some jurisictions called respondent

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appellee

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an order of a higher court to a lower court request all documents to be reviewed regarding the decision of the lower court

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writ of certiorari

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basis of a lawsuit founded on legal grounds and alleged facts

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cause of action

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the amount of money the plantiff may be awarded in a law suit

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damages

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if a defendent in a lawsuit fails to respond in the set time the plaintiff can request default judgement be set by the clerk of court

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default judgement

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the entire efforts of a party to a lawsuit and his/her/its attorneys to obtain information before trial through demands for production of documents, depositions of parties and potential witnesses, written interrogatories (questions and answers written under oath), written requests for admissions of fact, examination of the scene and the petitions and motions employed to enforce discovery rights.

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Discovery

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a set of written questions to a party to a lawsuit asked by the opposing party as part of the pre-trial discovery process.

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Interogatories

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A request for admissions is a part of the discovery (fact-finding) process that occurs before trial. It is a written set of questions or statements served by a party to a lawsuit on an opposing party or witness which are required to be denied or admitted in writing and returned to the requesting party with in a specified time, usually thrity days. The answering party must affirm by oath to the truth of the answers. Anything admitted in such a rquest will be deemed admitted for purposes of trial evidence. The local court rules often limit the number of questions or statements in such requests, so that they cannot be used as a means of oppression.

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Request for admissions

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The sworn testimony of a witness taken before trial held out of court with no judge present. The witness is placed under oath to tell the truth and lawyers for each party may ask questions. A deposition is part of pre-trial discovery (fact-finding), set up by an attorney for one of the parties to a lawsuit demanding the sworn testimony of the opposing party, a witness, or an expert intended to be called at trial by the opposition. If the person requested to testify, called the deponent, is a party to the lawsuit or someone who works for an involved party, notice of time and place of the deposition can be given to the other side's attorney, but if the witness is an independent third party, a subpoena will be served on that person to appear to testify. Depositions in criminal cases cannot be taken without the consent of the defendant.

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Depositions

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En banc refers to cases that are heard by all the judges of the court. For example, U.S. courts of appeals usually sit in panels of three judges. Sometimes, on the request of the panel, or one of the litigants, the case is later reheard by the full court, or, en banc.

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En banc

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1 a written document signed under oath per notary or authorized person
2 declaration under penalty of purgery

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affidavit

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the final decision by a court in a lawsuit, criminal prosecution or appeal from a lower court's judgment, except for an "interlocutory judgment," which is tentative until a final judgment is made. The word "decree" is sometimes used as synonymous with judgment.

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Judgement

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what an appeals court does if it agrees with or confirms

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affirm

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to ask a higher court to reverse the decision

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appeal

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the authority given by law to a court to try cases and rule on legal matters within a particular geographic area and/or over certain types of legal cases.

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Jurisdiction

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a formal request made to a judge for an order or judgment

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Motion

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the explanation of a court's judgment

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Opinion

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plaintiff-the party who initiates a lawsuit by filing a complaint with the clerk of the court against the defendant(s) demanding damages, performance and/or court determination of rights.
Defendent-the party sued in a civil lawsuit or the party charged with a crime in a criminal prosecution.
Co-defendent-when more than one person or entity is sued in one lawsuit, each party sued is called a codefendant.

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Parties:Plaintiff, defendent, Co-defendent

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Complaint- the first document filed with the court by a person or entity claiming legal rights against another.
Answer-in law, a written pleading filed by a defendant to respond to a complaint in a lawsuit filed and served upon that defendant. An answer generally responds to each allegation in the complaint by denying or admitting it, or admitting in part and denying in part.
Counterclaim-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.
Cross Claim-A cause of action or claim asserted between co-defendants or co-plaintiffs against one another and not against the plaintiff or defendant on the opposite side of a civil action.
Reply-to answer a defendant's plea

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Pleadings:Complaint,Answer,Counterclaim, Cross Claim, Reply

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A request for documents and other items from the opposing party that relate to issues in your case. The “request for production” of documents must set forth the items to be inspected. You must describe the documents by individual item or by category.

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Requests for the Production of Documents and Things

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part of an answer to a charge or complaint in which a defendant takes the offense and responds to the allegations with his/her own charges, which are called "affirmative defenses."

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Affirmative Defense

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a plaintiff's lawsuit or a criminal charge which appears at first blush to be "open and shut."

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Prima Facie Case

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a happening which results in an event, particularly injury due to negligence or an intentional wrongful act.

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Proximate cause

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the delivery of copies of legal documents such as summons, complaint, subpena, order to show cause (order to appear and argue against a proposed order), writs, notice to quit the premises and certain other documents, usually by personal delivery to the defendant or other person to whom the documents are directed.

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Service of Process

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an order of the court for a witness to appear at a particular time and place to testify and/or produce documents in the control of the witness (if a "subpena duces tecum").

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Subpoena

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A command to a witness to produce documents

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Subpoena duces tecum

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the proper or most convenient location for trial of a case

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Venue