LJHSCE study materials
LJHSCE study resources

LJHSCE key terms

LJHSCE · Get comfortable with the vocabulary.

Judgment lien

A court-ordered claim attached to a debtor's property after a lawsuit is won, allowing the creditor to enforce payment through seizure or sale of that property.

Related: Writ of execution, Garnishment
Writ of execution

A court document directing an enforcement officer to carry out a judgment, typically by taking and selling the debtor's property to satisfy the amount owed.

Related: Judgment lien, Levy
Garnishment

A legal procedure in which a creditor collects a debt by directing a third party holding the debtor's money or wages to pay it over to the court.

Related: Judgment lien, Writ of execution
Levy

The act of an enforcement officer seizing property under legal authority, converting the debtor's asset into one available for sale or payment.

Related: Writ of execution, Execution sale
Execution sale

A public auction of seized property conducted under court authority to raise money that pays the judgment creditor from the proceeds.

Related: Levy, Writ of execution
Statute of limitations

A law setting the maximum time after an event within which a legal claim must be filed, after which the claim is generally barred.

Related: Tolling, Cause of action
Tolling

A temporary suspension of the running of a deadline, so that time already counted stops accruing until the suspending condition ends.

Related: Statute of limitations
Cause of action

The set of facts and legal grounds that gives a person the right to sue another and defines what must be proven at trial.

Related: Statute of limitations, Pleading
Pleading

A formal written statement filed with the court setting out a party's claims or defenses and the facts supporting them.

Related: Cause of action, Service of process
Service of process

The formal delivery of legal papers to a party in a case in a manner the rules permit, giving notice and starting response deadlines.

Related: Pleading, Default judgment
Default judgment

A decision entered for one party when the opposing party fails to appear or respond within the required time after proper notice.

Related: Service of process
Summary judgment

A ruling decided on the written record before trial when no genuine dispute of material fact exists and one party is entitled to judgment as a matter of law.

Related: Material fact, Burden of proof
Material fact

A fact that could affect the outcome of a case, making it significant enough that a dispute over it prevents summary judgment.

Related: Summary judgment
Burden of proof

The obligation of a party to produce enough evidence to persuade the decision-maker that a disputed fact is true to the required standard.

Related: Preponderance of the evidence, Summary judgment
Preponderance of the evidence

The standard requiring a party to show that its version of the facts is more likely true than not, generally used in civil cases.

Related: Burden of proof
Discovery

The pretrial phase in which parties exchange information, documents, and testimony relevant to the case under the rules of procedure.

Related: Interrogatory, Deposition
Interrogatory

A written question served on another party in a lawsuit that must be answered in writing under oath within a set time.

Related: Discovery, Deposition
Deposition

Sworn out-of-court testimony given by a witness in response to questions, recorded for later use at trial or in settlement discussions.

Related: Discovery, Interrogatory
Subpoena

A court order compelling a person to appear at a proceeding, produce documents, or both, often issued during discovery or trial.

Related: Deposition, Discovery
Privilege

A legal protection that allows a person to refuse to disclose certain confidential communications or testimony, such as attorney-client exchanges.

Related: Discovery, Subpoena
Res judicata

The principle that a final judgment on the merits bars the same parties from litigating the same claim again in a later case.

Related: Collateral estoppel, Appeal
Collateral estoppel

A rule preventing a party from relitigating an issue that was actually decided against it in an earlier proceeding, even in a different case.

Related: Res judicata
Appeal

A request to a higher court to review and correct an alleged error made by a lower court in its proceedings or judgment.

Related: Res judicata, Standard of review
Standard of review

The level of deference an appellate court gives to a lower court's decision, ranging from deferential review of facts to strict review of legal questions.

Related: Appeal
Subject matter jurisdiction

A court's legal authority to hear a particular type of case, such as family, criminal, or small-claims matters, regardless of the parties involved.

Related: Personal jurisdiction, Venue
Personal jurisdiction

A court's authority over a specific person or business, usually based on residence, presence, or sufficient contacts with the court's territory.

Related: Subject matter jurisdiction, Venue
Venue

The geographic location or specific court within a system where a case should be filed, generally tied to where events occurred or parties reside.

Related: Personal jurisdiction, Subject matter jurisdiction
Standing

The requirement that a person bringing a case has a real, direct stake in the outcome, such as a concrete injury caused by the challenged conduct.

Related: Cause of action, Subject matter jurisdiction
Contract

A legally enforceable agreement between two or more parties that creates rights and duties, typically requiring offer, acceptance, and consideration.

Related: Consideration, Breach of contract
Consideration

Something of value exchanged between parties to a contract, such as money, services, or a promise, that makes the agreement enforceable.

Related: Contract, Offer and acceptance
Offer and acceptance

The two-step process forming a contract: one party proposes definite terms, and the other agrees to those terms without changing them.

Related: Consideration, Counteroffer
Counteroffer

A response to an offer that changes its terms, which operates as a rejection of the original offer and a new proposal in its place.

Related: Offer and acceptance
Breach of contract

Failure to perform a duty promised in a binding agreement without a legal excuse, giving the other party a right to seek a remedy.

Related: Contract, Damages
Damages

Money a court awards to compensate a party for loss caused by another's wrongful act or breach, aiming to restore the injured position.

Related: Breach of contract, Mitigation
Mitigation

The duty of an injured party to take reasonable steps to limit losses after a breach or wrong, which can reduce recoverable damages.

Related: Damages
Negligence

Failure to exercise the care a reasonable person would use in similar circumstances, causing harm that could have been avoided.

Related: Duty of care, Proximate cause
Duty of care

The legal obligation to act with reasonable caution toward others who could foreseeably be harmed by one's conduct or omissions.

Related: Negligence, Proximate cause
Proximate cause

A cause closely enough connected to an injury that the law treats the harm as foreseeable and holds the actor responsible for it.

Related: Negligence, Duty of care