| 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. |