| Appeal |
Review by a higher court of any legal errors that took place at trial or before the trial. In Virginia and Maryland, an appeal from a District Court to a Circuit Court might entitle one to a new trial. Circuit Court judgments may be appealed to the Court of Appeals or the Supreme Court in that jurisdiction to review whether errors were made at
the trial court level. |
| Arbitration |
Parties may agree to binding arbitration, in which the decision of the arbiter is final. Or they may agree to non-binding arbitration, in which
the arbiter’s decision may be disregarded. |
| Bankruptcy |
A petition filed in federal Bankruptcy Court which might have the effect of discharging a person’s debts (as in Chapter 7 bankruptcy) or reorganizing
a person’s debts (as in Chapter 13 bankruptcy) for repayment in three or five years. |
| Brief |
A written document submitted to the Court of Appeals detailing the legal errors that may have been made at the trial level. |
Circuit
Court |
The trial level court in which civil and criminal cases are heard involving certain amounts of money (for example, over $5 million in DC) and certain crimes (such as felonies). Defendants usually have the right to a jury trial at the Circuit Court level. Circuit Courts also handle appeals from District Court cases as new trials. |
Civil
Litigation |
Generally, these are disputes that involve money, or requiring another party to do something or not do something. Examples are breach of contract
actions, actions for injunctions, or cases in which the Court is asked to declare the rights of the parties. |
Contingency
Fee |
An attorney’s fee that is paid as a percentage of the recovery from the other party. This fee can come from a settlement, or from a successful court judgment. In most contingency fee cases, the attorney is not paid until money is recovered from the other party. |
Court
of Appeals |
Circuit Court judgments are normally appealed to the Court of Appeals, which reviews the trial court’s judgments to see if any legal errors occurred. Some cases go directly to the state Supreme Court. |
| Damages |
Injuries suffered by the party who is suing. A court might order a party to pay money to replace items, make one whole, comply with the terms of a contract, or to reimburse for medical expenses or pain and suffering. Another form of damages, called punitive damages, are awarded in some cases to punish a wrongdoer. |
Defendant
|
A person or business who is sued, or who faces criminal charges. |
| Deposition |
Testimony given for discovering evidence, taken informally (usually in a lawyer’s office rather than a courtroom). Most depositions are taken in civil cases. |
Discretionary
Appeal |
Not all cases to the Court of Appeals or the Supreme Court of a state are automatic.
In many cases in Maryland and Virginia the higher court decides if it will review the trial court decision. |
| DUI |
Driving while Under the Influence of alcohol. |
| DWI |
Driving While Intoxicated. |
Executor
or Personal Representative |
A person designated in a Will to handle the distribution of property and payment of debts. |
| Felony |
Any crime with a maximum penalty of more than one year in jail. |
| Injunction |
An order from a court either telling someone to do something, or prohibiting a party from doing a particular thing. |
| Litigation |
Actions which are generally resolved through the courts. |
| Mediation |
A process in which the parties involved in a dispute meet with a mediator who reviews the case, listens to the arguments and attempts to get both
sides to compromise their positions and settle the dispute. |
| Misdemeanor |
Any crime with a maximum penalty of less than one year in jail. |
Personal
Representative or Executor |
A person designated in a Will to handle the distribution of property and payment of debts. |
Personal
injury |
A civil action in which a party claims some sort of damage to their person caused by another party. These might be negligence actions (such as a car
crash), or an intentional action (such as an assault or trespass). |
Plaintiff
|
A person or business who sues another person or business. |
Probate
|
The court procedure following a person’s death where the assets of the deceased are gathered, debts are paid, and remaining assets are distributed according to a Will. If there is no Will, assets are distributed according to state law. |
Pro
bono |
Without a fee. Some cases are handled by a lawyer without a fee because the client cannot afford to pay for the services, or because the case involves
a public interest that the lawyer wishes to pursue. |
Retainer
|
Money paid to a lawyer prior to beginning services for a client. |
Subpoena
|
An order to appear before a court or judge, or at a deposition, to testify. |
Supreme
Court |
The highest level court in some states for review of trial court decisions. |
| Testimony |
The method of presenting evidence. This may be done by testifying before a court, giving a written affidavit which is signed before a Notary, or by making statements under oath before a court reporter at a deposition in an attorney’s office. |
Tort
|
A private or civil wrong or injury, either intentional or unintentional. |
Viatical
settlement |
Cashing-in a life insurance policy while the person is still alive. Some people with life-threatening illnesses use viatical settlements to get cash for living expenses or medical bills. |
Will
|
A formal document by which a person specifies how they want their property distributed once they die. |