Terminology

• Action, Case, Suit, Lawsuit: A legal dispute brought into court for a hearing or trial.
• Parties: The plaintiff and defendant in the case - also called the “litigants.”
• Cause of Action: The legal grounds on which a party to a lawsuit relies to get a verdict against an opponent.
• Complaint: The first pleading in a civil case stating facts and demanding relief to which plaintiff claims to be entitled.
• Indictment: The document informing the defendant of the criminal charges.
• Answer: A pleading filed with the court before the trial by the defendant in a civil case to answer or deny the plaintiff’s claims.
• Counterclaim: An answer to the complaint, in which the defendant claims to be entitled to damages or other relief from the plaintiff.
• Issue: A disputed question of fact, which you must decide. It is sometimes spoken of as one of the “questions” which the jury must answer in order to reach a verdict.
• Pleadings: All the documents filed by the parties before the trial to establish what issues must be decided by the jury.
• Deliberations: The discussions of the jury, which occur after the judge has instructed you to retire to the jury room and consider your verdict.
• Opening Statement: Before introducing any evidence in the case, a lawyer tells the jury what the case is about and what evidence is expected to be brought in to prove that side of the case. An opening statement is not evidence.
• Examination, Direct Examination, Examination-in-Chief: Questions, which the lawyers ask their own clients or witnesses called to the stand.
• Cross-Examination: Questions, which a lawyer puts to the party or a witness on the opposing side. This is designed to test the testimony and credibility of the party or witness.
• Deposition: If a party to a lawsuit or a witness cannot be in court because of illness or other inability, that person’s testimony may be written out in question-and-answer form and read at the trial, just as it would have been given in court. Or if such testimony was recorded, the recording is viewed at the trial. Attorneys for both sides are present when a deposition is taken. A deposition may also be used to deny a witness’ testimony or for the purpose of refreshing a witness’ recollection.
• Exhibit: Articles such as objects, pictures, books, letters and documents are often received into evidence. These exhibits are given to the jury to take to the jury room while deliberating.
• “Objection Overruled” or “Overruled”: The judge’s ruling that a lawyer’s objection is not well taken under the rules for conducting the trial. The judge’s ruling, so far as you are concerned, is final and may not be questioned.
• “Objection Sustained” or “Sustained”: The judge’s ruling that a lawyer’s objection is well taken under the rules for conducting the trial. The judge’s ruling, so far as you are concerned, is final and may not be questioned.
• Exception: Occasionally, after the judge has made a ruling, a lawyer will say “exception.” This is a legal phrase, which has nothing to do with the duties of the jury and should be disregarded by you. Its purpose is to preserve the point for further consideration and review by the higher courts at a later date.
• Rest: The lawyer has concluded the evidence to be introduced at that stage of the trial.
• Argument: After all the evidence on both sides of a lawsuit is in, the lawyers tell the jury what they think the evidence proves and why they think their side should win. This is usually called an “argument” or “summing up” and is not evidence.
• Instructions: After all the evidence is in, and the lawyers have made their arguments, the judge outlines the question to be decided and states the issues you must decide. The judge outlines the rules of law, which must guide your deliberations and control your verdict. These are the judge’s “charge” or “instructions” to the jury. A judge may, and sometimes must, instruct the jury on some point of law while the trial is in progress.
• Record: The official word-for-word copy of the proceedings, taken in shorthand, stenotype, or audio-transcription by an official court reporter. Often the judge or the lawyers state that something is, or is not, “for the record” or “in the record.”
• Jury Panel: All prospective jurors from which the trial jury is chosen.