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What are some common legal terms I should know?



Answer: A document filed by the defendant with the court responding to the plaintiff’s complaint.[1]

Civil Action: A lawsuit filed with a court to demand a legal solution to a private dispute.[2]

Complaint: The first document filed by the plaintiff in a case. It describes what the plaintiff claims the defendant did wrong that caused the plaintiff some harm.

Court Docket: An official court record of what has happened in a legal case.  The docket is a public record and can often be viewed online from the court’s website.[3]

Default Judgment: A judgment granted by the court for failure to file a pleading by a specific deadline or a failure to appear in court when required.[4]

Defendant: The person being sued in the lawsuit and who the plaintiff claims did something wrong.

Magistrate: A court official appointed by a judge with authority to administer and enforce the law in a case.[5]

Motion: A written request asking the court to take some form of action (for example, to dismiss a complaint).[6]

Plaintiff: The person or company who files the lawsuit with the court.

Pleadings: Written documents filed by the plaintiff or defendant that give information to the court about the dispute.[7]

Poverty Affidavit: A written, sworn statement that you have a low income and do not have enough money to pay court filing fees.[8]

Pro Se: A person who does not have an attorney representing them in their case and who appears in court by himself or herself.[9]

Summons: A court order requiring a person to appear or respond in writing to the complaint. Failure to appear in a civil case can result in a default judgment; failure to appear in a criminal case can result in being arrested.[10]

 


[1] http://www.acba.org/Public/For-Media/Legal-definitions.asp at page 1.

[2] http://www.acba.org/Public/For-Media/Legal-definitions.asp at page 3.

[3] http://www.acba.org/Public/For-Media/Legal-definitions.asp at page 7.

[5] http://clevelandmunicipalcourt.org/judicial-services/magistrates

[7] http://www.acba.org/Public/For-Media/Legal-definitions.asp at page 18.

[8] https://lasclev.org/selfhelp-povertyaffidavit/

[9] "Pro Se." West's Encyclopedia of American Law, edition 2. 2008. The Gale Group 22 Jul. 2014 http://legal-dictionary.thefreedictionary.com/Pro+Se

This article was written by Legal Aid Paralegal Kristen Simpson and appeared in The Alert: Volume 30, Issue 2. Click here to read a full PDF of this issue!

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