LJHSCE key terms
LJHSCE · Get comfortable with the vocabulary.
- Judgment lien
- Related: Writ of execution, Garnishment
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.
- Writ of execution
- Related: Judgment lien, Levy
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.
- Garnishment
- Related: Judgment lien, Writ of execution
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.
- Levy
- Related: Writ of execution, Execution sale
The act of an enforcement officer seizing property under legal authority, converting the debtor's asset into one available for sale or payment.
- Execution sale
- Related: Levy, Writ of execution
A public auction of seized property conducted under court authority to raise money that pays the judgment creditor from the proceeds.
- Statute of limitations
- Related: Tolling, Cause of action
A law setting the maximum time after an event within which a legal claim must be filed, after which the claim is generally barred.
- Tolling
- Related: Statute of limitations
A temporary suspension of the running of a deadline, so that time already counted stops accruing until the suspending condition ends.
- Cause of action
- Related: Statute of limitations, Pleading
The set of facts and legal grounds that gives a person the right to sue another and defines what must be proven at trial.
- Pleading
- Related: Cause of action, Service of process
A formal written statement filed with the court setting out a party's claims or defenses and the facts supporting them.
- Service of process
- Related: Pleading, Default judgment
The formal delivery of legal papers to a party in a case in a manner the rules permit, giving notice and starting response deadlines.
- Default judgment
- Related: Service of process
A decision entered for one party when the opposing party fails to appear or respond within the required time after proper notice.
- Summary judgment
- Related: Material fact, Burden of proof
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.
- Material fact
- Related: Summary judgment
A fact that could affect the outcome of a case, making it significant enough that a dispute over it prevents summary judgment.
- Burden of proof
- Related: Preponderance of the evidence, Summary judgment
The obligation of a party to produce enough evidence to persuade the decision-maker that a disputed fact is true to the required standard.
- Preponderance of the evidence
- Related: Burden of proof
The standard requiring a party to show that its version of the facts is more likely true than not, generally used in civil cases.
- Discovery
- Related: Interrogatory, Deposition
The pretrial phase in which parties exchange information, documents, and testimony relevant to the case under the rules of procedure.
- Interrogatory
- Related: Discovery, Deposition
A written question served on another party in a lawsuit that must be answered in writing under oath within a set time.
- Deposition
- Related: Discovery, Interrogatory
Sworn out-of-court testimony given by a witness in response to questions, recorded for later use at trial or in settlement discussions.
- Subpoena
- Related: Deposition, Discovery
A court order compelling a person to appear at a proceeding, produce documents, or both, often issued during discovery or trial.
- Privilege
- Related: Discovery, Subpoena
A legal protection that allows a person to refuse to disclose certain confidential communications or testimony, such as attorney-client exchanges.
- Res judicata
- Related: Collateral estoppel, Appeal
The principle that a final judgment on the merits bars the same parties from litigating the same claim again in a later case.
- Collateral estoppel
- Related: Res judicata
A rule preventing a party from relitigating an issue that was actually decided against it in an earlier proceeding, even in a different case.
- Appeal
- Related: Res judicata, Standard of review
A request to a higher court to review and correct an alleged error made by a lower court in its proceedings or judgment.
- Standard of review
- Related: Appeal
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.
- Subject matter jurisdiction
- Related: Personal jurisdiction, Venue
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.
- Personal jurisdiction
- Related: Subject matter jurisdiction, Venue
A court's authority over a specific person or business, usually based on residence, presence, or sufficient contacts with the court's territory.
- Venue
- Related: Personal jurisdiction, Subject matter jurisdiction
The geographic location or specific court within a system where a case should be filed, generally tied to where events occurred or parties reside.
- Standing
- Related: Cause of action, Subject matter jurisdiction
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.
- Contract
- Related: Consideration, Breach of contract
A legally enforceable agreement between two or more parties that creates rights and duties, typically requiring offer, acceptance, and consideration.
- Consideration
- Related: Contract, Offer and acceptance
Something of value exchanged between parties to a contract, such as money, services, or a promise, that makes the agreement enforceable.
- Offer and acceptance
- Related: Consideration, Counteroffer
The two-step process forming a contract: one party proposes definite terms, and the other agrees to those terms without changing them.
- Counteroffer
- Related: Offer and acceptance
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.
- Breach of contract
- Related: Contract, Damages
Failure to perform a duty promised in a binding agreement without a legal excuse, giving the other party a right to seek a remedy.
- Damages
- Related: Breach of contract, Mitigation
Money a court awards to compensate a party for loss caused by another's wrongful act or breach, aiming to restore the injured position.
- Mitigation
- Related: Damages
The duty of an injured party to take reasonable steps to limit losses after a breach or wrong, which can reduce recoverable damages.
- Negligence
- Related: Duty of care, Proximate cause
Failure to exercise the care a reasonable person would use in similar circumstances, causing harm that could have been avoided.
- Duty of care
- Related: Negligence, Proximate cause
The legal obligation to act with reasonable caution toward others who could foreseeably be harmed by one's conduct or omissions.
- Proximate cause
- Related: Negligence, Duty of care
A cause closely enough connected to an injury that the law treats the harm as foreseeable and holds the actor responsible for it.