Litigation Definitions
Plaintiff- The party who files a lawsuit in a civil action.
Defendant– The party who the lawsuit is against, in a civil action.
Tort – a civil wrong, not based in contract
Pleading– a legal document that is filed with the court.
Complaint– The pleading that initiates a civil action.
Summons-The legal document that is served upon a defendant that he or she is being sued and asserts the power of the court to hear and determine the case.
Answer-The first pleading filed by the defendant in a civil action; a formal written statement that admits or denies the allegations in the complaint and sets forth any available affirmative defenses.
Default judgment– A judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court)
Motion- A pleading that is filed with the court requesting the court to make a determination or a ruling.
Response-A pleading that is filed with the court in response to a motion.
Notice– A pleading that is filed with the court giving specific information.
Mediation– A settlement of a dispute or controversy by setting up an independent person between two contending parties in order to aid them in the settlement of their disagreement.
Settlement conference– A settlement conference is a meeting between opposing sides of a lawsuit at which the parties attempt to reach a mutually agreeable resolution of their dispute without having to proceed to a trial.
Conferences are frequently conducted by a judge or other neutral party, in the form of a mediation.
Arbitration– The submission of a dispute to an unbiased third person designated by the parties that is binding.
Trial- A proceeding in which opposing parties in a dispute present evidence and make arguments on the application of the law before a judge or jury
Verdict– The decision of the jury.
Judgment– The order of the judge that is obtained as a result of a default by either party or the final decision of the court resolving the dispute and determining the rights and obligations of the parties.
Garnishment– A legal proceeding in which a party seeks the satisfaction of a debt by obtaining a judgment that directs a third party in possession of the property of another’s to make it available to satisfy the judgment.
Lien- A claim upon a part of another’s property that arises because of an unpaid debt related to that property and that operates as an encumbrance on the property until the debt is satisfied.
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