8 Civil Litigation Terms to Know

Contact our civil litigation attorneys to understand civil litigation terminology and legal requirements. We serve Berks, Lehigh, Northampton, Bucks, Montgomery, Philadelphia, Chester, Delaware, Lancaster, Lebanon, Dauphin, Schuylkill, York, Carbon, Luzerne, Monroe, Columbia and Northumberland counties.

The law, specifically civil litigation, can be extremely complex and complicated; therefore, contacting one of the experienced Civil Litigation Attorneys at Bingaman Hess is crucial if you are involved in a lawsuit as the plaintiff or defendant.

Florida State University Law Review goes into great detail with "The Illusion of Simplicity: An Explanation of Why the Law Can't Just Be Less Complex." The paper begins by citing the "sheer number of elements or components of a legal code or system, the number of assumptions underlying a legal rule, the number of proscriptions imposed upon legal actors, and the number of distinctions or exceptions embodied in a legal rule or code." It goes on to list additional elements that make the law and litigation so complex, including terminology unique to the law.

If you're a fan of TV shows like The Lincoln Lawyer, Suits, or Perry Mason, you probably understand some legal terms, such as complaint, damages, and motion. However, there are hundreds of terms unique to law and civil litigation that you may not be familiar with.

Less Well-Known Legal Terms You May Encounter if You're Involved in Civil Litigation.

Ad Litem – If someone is deemed incapable of representing themselves (i.e., a child or mentally incompetent person) in a lawsuit, an ad Litem – someone who represents the person in the lawsuit - may be appointed.
Amicus Curiae – This Latin word translates to "friend of the court" and refers to a person or group who is not a party to the lawsuit but has a strong interest in the matter.
Appellate Court – The Appellate Court is a higher state or federal court that hears and reviews appeals in cases that have been heard and ruled on in a lower court. There is no jury, just a committee of judges.
Case Management Conference (CMC) – A CMC is a meeting presided over by a judge between parties in a lawsuit that may include discussions to settle a case out of court. A CMC is usually required before a trial date will be set.
Declaratory Judgement – A declaratory judgment is a legally binding judgment issued by a court that outlines each party's legal rights and obligations, often, in a contract.
Prayer for Relief – Part of the plaintiff's complaint must state the damages or other remedies they seek. This is called the "prayer for relief."
Service of Process – Service of process is the delivery of legal documents - such as a complaint or summons – to the defendant or other relevant party. Typically, these documents are given directly to a person and not mailed.
Writ of Certiorari – If a case is appealed and goes from a lower court to an appellate court, a Writ of Certiorari may be issued for the transmission of records.

Bingaman Hess – Trusted Litigation Attorneys

These are only a few of many legal terms. The Litigation Attorneys at Bingaman Hess have spent years learning these terms and putting them to practice.

If you have a legal issue, the Litigation Attorneys at Bingaman Hess can help navigate and explain the legal terminology, nuances of the law, or and the legal process itself. Bingaman Hess can help!

Call us at 610.374.8377 or find us online.

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Business Succession Planning

By Mahlon Boyer • May 30, 2026

Business succession planning is an important process that helps business owners prepare for the upcoming transfer of ownership and leadership. Whether the transition involves passing the company to family members, selling to business partners or transferring ownership to outside buyers, having a clear succession plan helps reduce uncertainty and protect the long-term security of the business. A careful plan can also minimize disputes, preserve business value and ensure continuity in periods of change. Planning for Business Transfer The first step in business succession planning is identifying how the business will be transferred and who will assume control. Business owners should evaluate their long-term goals, retirement plans, and the financial needs of both the company and their family members. Some owners choose to pass the business on to children or relatives who are already involved in operations. Others may transfer ownership to key employees, business partners or third party buyers. Each option has different legal, operational and financial consequences. A successful transition often takes years of preparation. Potential successors may need leadership training, operational experience and gradual increases in responsibility to ensure they are ready to effectively manage the business. Good communication with family members, partners and stakeholders is also important to avoid misinterpretations and conflict. Business owners should work with legal and financial professionals to create formal succession documents, update corporate records, and establish a realistic timeline for the transfer process. Use of Buy-Sell Agreements Buy-sell agreements are an essential part of many succession plans. These legally binding agreements specify what happens to the interest of a business owner if certain events occur, such as retirement, disability, death or voluntary departure from the company. A buy-sell agreement typically defines who may buy the shares of the departing owner, how the business interest will be valued and the terms of payment. This structure helps maintain stability and prevents ownership disputes that could disrupt operations. For businesses with multiple owners, buy-sell agreements provide understanding and protections for all parties involved. They can prevent unwanted external ownership and ensure that remaining owners retain control of the company. Funding mechanisms are also important. Many businesses use life insurance policies to fund buyouts in the event of an owner's death. This allows surviving owners or family members to complete the transfer without putting financial hardship on the business. Tax Considerations Tax planning is an important part of business succession planning. If the transfer of ownership is not well planned, the business owner and successor will face a substantial tax liability. Depending on how the transfer takes place, the owners may face capital gains, estate, or gift taxes. With good planning, these tax burdens can be reduced with trusts, step-by-step ownership transfers, family partnerships, or changing the type of business entity. Another important factor is valuation. A proper valuation of a business is important for determining tax liability and ensuring that everyone involved in the transfer is treated fairly. Business owners should regularly review their succession plans with accountants, tax advisors, and attorneys, as tax laws are often changing. Regular updates keep the plan in line with changing legislation and the business’s needs. Let Us Help You Navigate the Essentials of Business Succession Planning Don’t wait! Talk to one of the experienced estate planning attorneys at Bingaman Hess today at 610.374.8377 or contact us online. This article is for informational purposes only and does not constitute legal advice. No one may rely on this information without consulting an attorney. Anyone who attempts to use this information without attorney consultation does so at their own risk. Bingaman Hess is not and shall never be responsible for anyone who uses this information. It is not legal advice.