8 Civil Litigation Terms to Know
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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