Litigation Terms

answer 1: the defendant’s written response to the plaintiff’s complaint in a civil suit in which he or she may deny any of plaintiff’s allegations, offer any defenses, and make any counterclaims against the plaintiff, cross-claims against other defendants, or third-party claims against third parties otherwise not involved in the lawsuit.
2: a written response to a counterclaim, cross-claim, or third-party claim: “reply”

complaint 1: the initial pleading that starts a lawsuit and that sets forth the allegations made by the plaintiff against the defendant and the plaintiff’s demand for relief.
2: a document sworn to by a victim or police officer that sets forth a criminal violation and that serves as the charging instrument by which charges are filed and judicial proceedings commenced against a defendant in a magistrate’s court.
3: “petition”

counterclaim Respondent’s claim against a plaintiff in the same action**

crossclaim a claim against a party on the same side of an action (as a coplaintiff or codefendant)

defendant the party against whom a criminal or civil action is brought

discovery 1: the act or process of discovering.
2: something discovered. Example: applied for a patent for the discovery
3 a: the methods used by parties to a civil or criminal action to obtain information held by the other party that is relevant to the action b: the disclosure of information held by the opposing party in an action. Example: a party may obtain discovery of the existence and contents of any insurance agreement

execution 1: the act or process of executing. Example: witnessed the execution of the will
2: a putting to death as fulfillment of a judicial death sentence
3: the process of enforcing a judgment (as against a debtor)

exemption 1: the act of exempting or state of being exempt
2: one that exempts or is exempted: as a: an amount of income exempted from taxation that may be deducted from adjusted gross income under the tax laws
b: the right created by federal and state laws to exempt specified types of property from a bankruptcy estate. Example: precludes the debtor from using the exemptions in the Bankruptcy Code. also: a type of property that may be claimed as exempt
c: “homestead exemption”

judgment 1 a: a formal decision or determination on a matter or case by a court. esp : “final judgment” in this entry
b: an obligation (as a debt) created by a decree of a court. Example: collection of . . . automobile judgments from uninsured motorists
also: an official document embodying such a decision or decree
c: a declaration by a court of the conviction of a criminal defendant and the punishment to be imposed
specif : “sentence”
2: the action of judging: the mental or intellectual process of forming an opinion or making a decision. also: an opinion or decision so formed

lawsuit an action brought in a court for the purpose of seeking relief from or remedy for an alleged wrong: “suit”

levy 1: an act of levying: as
a: the imposition or collection of a tax
b: the seizure according to a writ of execution of real or personal property in a judgment debtor’s possession to satisfy a judgment debt
2: an amount levied: “tax”

mediation nonbinding intervention between parties esp. in a labor dispute to promote resolution of a grievance, reconciliation, settlement, or compromise

mediator one that works to effect reconciliation, settlement, or compromise between parties at variance.

order 1: a state of peace, freedom from unruly behavior, and respect for law and proper authority. Example: maintain law and order
2: an established mode or state of procedure. Example: a call to order
3 a: a mandate from a superior authority
b: a ruling or command made by a competent administrative authority
specif: one resulting from administrative adjudication and subject to judicial review and enforcement Example: an administrative order may not be inconsistent with the Constitution
c: an authoritative command issued by the court. Example: violated a court order and was jailed for contempt
c: a command issued by a military superior
4 a: a direction regarding the party to whom a negotiable instrument shall be paid. Example: pay to the order of John Doe
b: an instruction or authorization esp. to buy or sell goods or securities or to perform work. Example: a purchase order. Example: a work order
c: goods or items bought or sold. Example: the order was received in good condition

plaintiff the party who institutes a legal action or claim (as a counterclaim)

summary judgment judgment that may be granted upon a party’s motion when the pleadings, discovery, and any affidavits show that there is no genuine issue of material fact and that the party is entitled to judgment in its favor as a matter of law.

summons to bring into court by a summons

trial a judicial examination of issues of fact or law disputed by parties for the purpose of determining the rights of the parties