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Legal glossary

Litigation has a language of its own. These are plain-English definitions of terms you may come across in a civil case. They are general explanations, not legal advice — if a term applies to your situation, ask us.

A

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Administrative Law Judge
An official, typically within or assigned to a government agency, who hears and decides disputes before that agency rather than in a court.
Affirmed
An appellate court’s decision to uphold the lower court’s ruling.
Agent for Service of Process
A person or company designated to receive legal documents on behalf of a business or individual.
Allegation
A statement of fact a party claims it will prove; the allegations in a complaint set out the basis for the lawsuit.
Alternate Juror
A juror seated to step in if a regular juror cannot continue during trial.
Alternative Dispute Resolution (ADR)
Methods of resolving disputes outside of court, such as mediation and arbitration.
Answer
A defendant’s formal written response to a complaint, admitting or denying each allegation and stating any defenses.
Anti-SLAPP
A special motion to strike, filed early in a case under Code of Civil Procedure section 425.16, that seeks to dispose of a lawsuit targeting protected speech or petitioning activity.
Appeal
A request asking a higher court to review and change the decision of a lower court.
Arbitration
A private alternative to trial in which a neutral arbitrator hears both sides and issues a decision, often binding.
Articles of Incorporation
The document filed with the state to form a corporation.
Articles of Organization
The document filed with the state to form a limited liability company (LLC).

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Bankruptcy
A federal court process that lets individuals or businesses who cannot pay their debts reorganize or discharge them.
Bench Trial
A trial decided by a judge alone, without a jury.
Brief
A written argument submitted to the court setting out a party’s position and the legal authority that supports it.
Burden of Proof
A party’s obligation to prove a disputed point to a required standard. It includes both producing evidence and persuading the fact-finder, and it can rest on either side depending on the issue — a plaintiff bears it on the claims, a defendant on its affirmative defenses. In most civil cases the standard is a preponderance of the evidence.

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Capacity
A person’s legal ability to sue, be sued, or enter into a binding agreement.
Case Law
Law established by the published decisions of courts, as distinct from statutes enacted by the legislature.
Cause of Action
The legal basis for a claim — the set of facts that gives a person the right to sue, such as negligence or breach of contract.
Chambers
A judge’s private office; matters heard “in chambers” take place there rather than in open court.
Civil Case
A non-criminal lawsuit between parties seeking money or other relief, rather than punishment.
Code of Civil Procedure
The California statutes that govern how civil lawsuits are conducted, from filing through trial and appeal.
Common Law
Law developed through court decisions over time, as distinct from statutes.
Complaint
The document that begins a lawsuit, setting out the plaintiff’s claims and the relief requested.
Contract
A legally enforceable agreement that creates obligations each side must perform.
Counsel
A lawyer, or the legal advice a lawyer provides.
Court Costs
The fees and expenses of litigation, such as filing and service fees, separate from attorney’s fees.
Court Reporter
The person who records testimony and proceedings verbatim to produce the official transcript.
Cross-Complainant
The party who brings a cross-complaint.
Cross-Complaint
A claim filed by a defendant within the same lawsuit against the plaintiff, a co-defendant, or a new party.
Cross-Defendant
The party against whom a cross-complaint is brought.
Cross-Examination
The questioning of a witness by the opposing party, often to test or challenge their testimony.

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Damages
Money awarded to compensate a party for loss or injury caused by another’s wrongful conduct.
Declaratory Relief
A court ruling that states the parties’ rights or obligations without ordering anyone to act or pay.
Default
A party’s failure to respond to a lawsuit within the time the law allows.
Default Judgment
A judgment entered against a party because it failed to respond or appear.
Defendant
The party being sued or against whom a claim is brought.
Demurrer
A challenge to a pleading arguing that it is legally defective — most commonly that, even if its facts are true, it fails to state a valid claim, but also on other grounds such as lack of jurisdiction, uncertainty, or a defect in the parties.
Deposition
Sworn, out-of-court testimony given by a witness in response to questions and recorded for use in the case.
Discovery
The pretrial process in which each side obtains evidence from the other through tools such as depositions, interrogatories, and document requests.
Dismissal
A court order ending a case or a particular claim, whether requested by a party or ordered by the court.
Dismissal with Prejudice
A dismissal that permanently ends the case and bars refiling the same claim.
Dismissal without Prejudice
A dismissal that ends the case for now but allows the claim to be refiled later.
Docket
The court’s official record of the filings and events in a case.
Doe Amendment
Amending a complaint to substitute a real name for a “Doe” defendant once that party’s identity is known.

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Equitable Relief
A non-monetary remedy, such as an injunction, ordered when money alone cannot fix the harm.
Evidence
The testimony, documents, and physical items presented to prove or disprove the facts in dispute.
Ex Parte
An application or order made by one party in urgent circumstances, often without full notice to the other side.
Exhibit
A document or object formally introduced as evidence.
Expert Witness
A witness with specialized knowledge who is allowed to give opinions to help the court understand technical or complex matters.

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Fiduciary
A person or entity legally bound to act in another’s best interest, such as a trustee or partner.
Fiduciary Duty
The legal obligation of a fiduciary to act with loyalty and good faith in another’s best interest.

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Government Claim
A claim that must be filed with a public entity, within strict deadlines, before it can be sued.
Guardian
A person appointed to make decisions for someone who cannot manage their own affairs.
Guardian ad Litem
A person the court appoints to represent the interests of a minor or incapacitated party in a case.

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Hearing
A proceeding before a judge to decide a specific issue or motion, short of a full trial.
Hearsay
An out-of-court statement offered to prove the truth of what it asserts. It is generally inadmissible, though many statements either fall outside the rule (because they are not offered for their truth) or qualify under a recognized exception.

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Impeachment
Challenging the credibility of a witness, often by showing prior inconsistent statements.
In Camera
A review conducted privately by the judge, outside the presence of the public or jury.
Indigent
Lacking the financial means to pay, which may qualify a person to have court fees waived.
Injunction
A court order requiring a party to do, or to stop doing, a specific act.
Interpreter
A person who translates spoken testimony for a witness or party who does not speak English.
Interrogatories
Written questions one party sends to another that must be answered in writing and under oath.

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Joint and Several Liability
A rule allowing a plaintiff to recover the full amount of damages from any one of several liable defendants. In California, Civil Code section 1431.2 (Proposition 51) limits this: defendants are jointly liable for economic damages but only severally liable — each for its own share — for non-economic damages.
Judgment
The court’s final decision resolving the parties’ claims and rights.
Jurisdiction
A court’s authority to hear a case and make binding decisions over the parties and the subject matter.
Juror
A member of a jury sworn to decide the facts of a case.
Jury
A group of citizens sworn to weigh the evidence and decide the factual questions at trial.
Jury Pool
The group of prospective jurors from which a trial jury is selected.
Jury Trial
A trial in which a jury decides the factual issues and returns a verdict.

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Lawsuit
A civil action brought in court by one party against another to resolve a legal dispute.
Litigation
The process of resolving a dispute through the court system.

M

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Mandatory Settlement Conference
A court-ordered conference, usually shortly before trial, at which the parties meet with a judge or settlement officer to try to resolve the case.
Mediation
A voluntary process in which a neutral mediator helps the parties try to reach a settlement; the mediator does not decide the case.
Moot
No longer requiring a decision because the issue has been resolved or has become academic.
Motion
A formal request asking the court to make a ruling or take a specified action.
Motion for Judgment on the Pleadings
A request to decide the case based solely on the pleadings, without further evidence.
Motion for Summary Judgment
A motion asking the court to decide a case, or part of it, without a trial because there is no genuine dispute of material fact.
Motion in Limine
A pretrial request asking the court to exclude certain evidence from trial.
Motion to Strike
A request asking the court to remove improper or irrelevant matter from a pleading.

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Negligence
The failure to use reasonable care, causing harm to another — a common basis for personal-injury claims.

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Oath
A formal promise to tell the truth, taken by witnesses and jurors.
Objection
A lawyer’s formal challenge, during a proceeding, to evidence or a question as improper.
Opinion
A court’s written explanation of its decision and the reasons for it.
Oral Argument
A spoken presentation in which each side argues its position to the court on a motion or appeal.

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Peremptory Challenge
A party’s right to remove a limited number of prospective jurors without giving a reason.
Plaintiff
The party who starts a lawsuit by filing a complaint.
Pleading
A formal document filed with the court that states a party’s claims or defenses, such as a complaint or an answer.
Precedent
A prior court decision that guides how similar cases are decided later.
Process Server
A person who delivers legal documents to a party to accomplish service of process.
Punitive Damages
Damages awarded, for egregious conduct, to punish the wrongdoer and deter similar behavior.

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Record
The official collection of everything filed and said in a case, relied on for any appeal.
Remand
An order sending a case back to a lower court for further proceedings, or returning a removed case from federal court to state court.
Removal
The transfer of a lawsuit from state court to federal court by a defendant when the case independently qualifies for federal jurisdiction — through diversity of citizenship or a federal question — and meets the statutory requirements for removal.
Reply
A responsive filing that answers the points raised by the opposing side.
Requests for Admission
Written statements one party asks another to admit or deny, narrowing what must be proven at trial.
Requests for Production
A discovery demand requiring a party to produce specified documents or other tangible things.
Reverse
To set aside a lower court’s decision on appeal.

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Sanction
A penalty imposed by the court for violating a rule or order.
Service of Process
The formal delivery of legal documents, such as a summons and complaint, to notify a party of an action.
Settlement
An agreement that resolves a dispute on agreed terms, ending the case without a trial.
Statement of Information
A periodic filing California businesses make to update the state on their officers, address, and agent.
Statute of Limitations
The deadline by which a lawsuit must be filed; missing it usually bars the claim.
Stipulation
An agreement between the parties about a fact or procedure, accepted by the court.
Subpoena
A court order requiring a person to testify or to produce documents.
Summons
The official notice, served with the complaint, telling a defendant they are being sued and must respond.

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Toll
To pause or suspend the running of a deadline, such as the statute of limitations.
Tort
A civil wrong other than breach of contract that causes harm and gives rise to liability, such as negligence.
Transcript
A written, word-for-word record of what was said during a hearing, deposition, or trial.

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Venue
The specific court location where a case is properly heard.
Verdict
The decision reached by the jury on the factual issues at trial.
Videographer
A person who records a deposition or proceeding on video.
Voir Dire
The questioning of prospective jurors to decide who will serve on the jury.

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With Prejudice
A dismissal or ruling that is final and bars the claim from being brought again.
Without Prejudice
A dismissal or ruling that leaves the party free to bring the claim again later.
Witness
A person who gives testimony under oath about what they know.