For the book, A Civil Action

1. Legal
Res ipsa loquitur- the thing speaks for itself
Law of torts- a broad field dealing with compensation for people who suffered because of
someone else
Wrongful death case- a claim by someone to hold someone else liable for a death
Divorces
Wills
Statute of limitations –the amount of time you have to take up a certain case (In Massachusetts it
is 3 years for a personal injury action)
Freedom of Information Act
“Deep pockets” –companies with a lot of money
Rule 11- basically a way for lawyers to get rid of frivolous claims
Barratry- using harassment for profit
In camera- in front of the judge only
Bar- something all lawyers must pass to become a lawyer
Medical malpractice claims
“dogs”- cases that were obviously frivolous and quickly rejected
“orphans”- cases that held some merit, but no one wanted to take up the case
Mock trials- present the case to ordinary people to see how the results of the case could go
Negligence- conduct that falls below the standards of law to protect someone else from harm
Motion for summary judgment- brought into court from one party against another
Prima facie- first impression
Implead- to bring in a new party who could also be held liable
Plaintiff- person bringing up the case

2. Defendant- person defending the case
Deposition- the process of giving sworn evidence (all objections in these are preserved until the
trial, until then all questions asked must be answered)
Discovery- disclosure of evidence from one party to another
Objection- disagreement towards an action
Perjury- falsely giving information under oath
Capias- a warrant for arrest of someone
Affidavit- a written statement confirmed by oath
Paralegals
Motion for recusal- a refusal by the judge to get involved due to conflict of interest
Ex parte –decision decided by the judge without all parties being involved (is a violation of
disciplinary rules)
Criminal Trial
Criminal cases the state must prove its case beyond reasonable doubt.
Civil action- aim is to resolve disputes in a just manner
“Career making” cases- cases that lead to fame and riches
Witness
Expert Witness
Voir dire- the questioning of possible jury members
Peremptory challenges- a challenge to neglect any member from a jury without giving any
reason (given 6)
Alternate Jurors
Jurors

3. Seriatim- taking things in order, right after each other
 Trial: Opening Statements (Plaintiff, Defendant), Plaintiff’s case; witnesses (statement,
cross-examination, possible redirect examination), defense presents their case , rebuttal,
final motions, closing arguments, jury instructions given by the judge, jury deliberations,
verdict, after verdict motions
Recess
Hearsay Evidence-evidence that can’t necessarily be proven
Best evidence
Undue prejudice- improper or unfair treatment caused by something not meant to mean much
harm
Rule 702 of the Rules of Evidence –shows what qualifications an expert witness must meet
Bench conference- meeting at the judge’s desk by all parties involved
Redirect examination- an attempt by the witness’ caller to undo any harmful testimony brought
out by the other side during a cross-examination
Motion to strike opinion from record
Guilty
Innocent
Sustained- to continue without interruption
Verdict
Personal injury cases
Political cases
“shark effect”- one case’s decision causes other people to go after the party attacked in hopes of
a similar decision, usually for monetary gains

4. Capitulate- surrender
Referral fee
Appeal
Malpractice case
Rules of Civil Procedure says that when there has been wrongful suppression of evidence, it
leads to a new trial for the victims
Res judicata- once a matter has been decided in a court of law remains decided even if the
decision was against reality
Subpoena- requestforsummons
Conspiracy
Petitionforarehearing
Petitionforcertiorari- askthe Supreme Courttoview the decisionof alowercourt
The EPA has a policythatdoesn’tletitsagentsbe witnessesonprivate civil actions