Here are a few short definitions: Concede: Admit that another person is right about something. Refute: Prove that someone else is wrong about something. Often, speakers of English will concede a point, only to refute a larger issue: It's true that working can be tedious.
Very often you will find that the Hon’ble Court does not understand a point of law that you have been arguing for a long time. You cannot show your irritation or say anything that would imply that it is the Court that does not understand. You have to say “I am afraid/I am sorry that/Perhaps I could not make myself clear. It is my fault.
Even during those times, court etiquette requires that you never address your opposing counsel directly. You have to route it through the Hon’ble Court. An example would be when a persistently rude lawyer is always jumping up to comment whenever you pause to breath.
How Lawyers Argue a Court Case: “The Phrases of The Complete Lawyer”. The word “argument” engenders visions of debate, the heat and fury of positions attacked and defended strongly, though with words. That may happen of course, in today’s litigation, but generally the arguments which win cases are not replete with drama, sound or fury.
to admit or acknowledge that something is true. The prosecutors conceded several important facts.
Rebuttal. If the defense does put on evidence, the prosecution will have the opportunity to present additional evidence after the defense rests. This evidence must contradict evidence presented during the defense's case.
Because the plaintiff or government has the burden of proof, the lawyer for that side is then entitled to make a concluding argument, sometimes called a rebuttal . This is a chance to respond to the defendant's points and make one final appeal to the jury.
Examples include mediation, arbitration, and conciliation. Annulment - a case brought seeking to declare marriage void. This is a legal action and not the type sought for religious reasons.
At the conclusion of the defendant's case, the plaintiff or government can present rebuttal witnesses or evidence to refute evidence presented by the defendant. This may include only evidence not presented in the case initially, or a new witness who contradicts the defendant's witnesses.
A prima facie case is the establishment of a legally required rebuttable presumption. A prima facie case is a cause of action or defense that is sufficiently established by a party's evidence to justify a verdict in his or her favor, provided such evidence is not rebutted by the other party.
Rebuttal is evidence or arguments introduced to counter, disprove, or contradict the opposing party's evidence or argument, either at trial or in a reply brief.
Example: Point: “It is the government's duty to protect people from themselves” Rebuttal: “No, the government has the duty to protect people from outside dangers but people have the right to make their own decisions regarding their own behaviour as long as it doesn't affect anybody else”
In an adversarial process, for instance a court proceeding, a surrebuttal is a response to the opposing party's rebuttal; in essence it is a rebuttal to a rebuttal.
Writs of Certiorari The primary means to petition the court for review is to ask it to grant a writ of certiorari. This is a request that the Supreme Court order a lower court to send up the record of the case for review.
They read the written rulings from the old cases and use them to guide their decisions in the current ones. This helps to bring predictability and consistency to the law. It also makes it easier for lawyers to predict the outcome of similar cases they are handling for clients.
If you're uninitiated, jargon can sound like an entirely different language, and that's especially true for lawyer jargon. Not only is law already a notoriously complicated field that requires years of schooling to master, but lawyer jargon is often quite literally in a different language.
It's common to concede and refute at work when discussing strategy or brainstorming. Conceding and refuting are also very common in all types of debates including political and social issues. When trying to make your point, it's a good idea to first frame the argument. Next, concede a point if applicable.
Once you’ve refuted a point, continue to provide evidence to further back up your point of view.
Here are a few short definitions: Concede: Admit that another person is right about something. Refute: Prove that someone else is wrong about something. Often, speakers of English will concede a point, only to refute a larger issue:
Begin by introducing a general belief that you would like to refute. You can use general statements, or speak about specific people that you would like to refute. Here are some formulas to help you frame the issue: Person or institution to be refuted + feel / think / believe / insist / that + opinion to be refuted.
Use the concession to show that you have understood the gist of your opponent’s argument. Using this form, you will show that while a specific point is true, the overall understanding is incorrect .
If you've made a concession in a single sentence , use a linking word or phrase such as however, nevertheless, on the contrary, or above all to state your refutation:
Often, speakers of English will concede a point, only to refute a larger issue:
We prefer to call them “submissions” before the Court since it is consistent with our peculiarly polite way of putting things.
You have to say “I am afraid/I am sorry that/Perhaps I could not make myself clear. It is my fault. May I rephrase myself.”
The almost institutionalized formula we use is “My Learned Friend is not properly instructed”, or if we want to be really censorious, “That submission by my learned Friend is perhaps not borne out by the records”.
One of the most important weapons in a lawyer’s arsenal is “argument”. The word “argument” engenders visions of debate, the heat and fury of positions attacked and defended strongly, though with words.
We argue before the Hon’ble Court on the basis of facts we have pleaded in our pleadings, and to elucidate the points of law. However there is a method to our madness.
The trick is not to be provoked. A case is won by a cool head, and if you are prone to losing your temper, then the opposing counsel will certainly exploit it by sledging, in this context meaning to keep on making sotto voce comments that you can hear, but may not reach the Court or may reach the Court and you but can be passed off as a comment to the opposing counsel’s own juniors.
When a learned advocate says that which is not true and he is supposed to know that it is not, the usual formula is not to say “My Lord he is lying ”. That would be a worse solecism than the untruth itself.
As a result, your attorney will work as hard as possible to reach a successful outcome. Contingency fee arrangements provide a low-risk method of pursuing a personal injury lawsuit.
Most personal injury attorneys charge a contingency fee of 33.3% if your case does not go to trial and 40% if the lawsuit does enter the courtroom. The majority of personal injury lawsuits actually settle out of court via negotiations.
A contingency fee is a fee arrangement that many law firms adapt to help lower your out-of-pocket costs when filing a personal injury lawsuit. Simply put, if the accident attorney you hire does not secure a settlement on your behalf, you do not have to pay him or her any legal fees. If your attorney does secure a settlement on your behalf, he or she will deduct an agreed-upon percentage from the final settlement amount as payment.
Hiring an attorney with a contingency fee agreement will help you receive legal services and resolve the payment arrangement without additional stress. Contingency fee agreements also give your attorney an incentive to win your case. If he or she does not secure a settlement, your attorney does not receive payment.
If you had to pay out-of-pocket to simply obtain an attorney to represent you, you could lose out on thousands of dollars if you do not receive a sett lement. You only pay these legal fees if you win, and you are not charged legal fees in the case of an unsuccessful outcome.
Simply put, if the accident attorney you hire does not secure a settlement on your behalf, you do not have to pay him or her any legal fees. If your attorney does secure a settlement on your behalf, he or she will deduct an agreed-upon percentage from the final settlement amount as payment.
Amend – Improve, correct or change a complaint or other pleading. Amicus Curiae - A friend of the court. One not a party to a case who volunteers, or is asked by the court, to offer information on a point of law or some other aspect of the case to assist the court in deciding a matter before it.
Oaths - Sworn attestations required in court, usually administered by the in-court clerk.
Action - Case, cause, suit, or controversy disputed or contested before a court. Additur - An increase by a judge in the amount of damages awarded by a jury. Adjudication - Judgment rendered by the court after a determination of the issues. Ad Litem - A Latin term meaning “for the purpose of the lawsuit.”.
In other words, under the UCC, the acceptance may alter the terms of the offer without becoming a counteroffer. Accomplice – (1) A partner in a crime. (2) A person who knowingly and voluntarily participates with another in a criminal activity. Accord and Satisfaction – Compromise and settlement.
Abstract of Title - A chronological summary of all official records and recorded documents affecting the title to a parcel of real property.
The judge has the discretion to deny the challenge. Distinguished from peremptory challenge, which they party can usually exercise as a matter of right. Chambers - A judge’s private office. A hearing in chambers takes place in the judge’s office outside of the presence of the jury and the public.
The Probate Court Glossary can be found in Chapter 12 of the Probate Judges Manual.
Adversary proceeding - One having opposing parties; contested, as distinguished from a hearing in which only one party appears.
Accused - The person against whom an accusation is made; one who is charged with a crime or traffic infraction.
Abstract of judgment - An official copy of the contents of a civil judgment.
Bill of particulars - A written statement or specification of the details of the demand for which an action at law is brought.
Appellant - The party who takes an appeal from one court to another.
Appeal - Taking a case which has been decided in a court of inferior jurisdiction to one of superior jurisdiction, for the purpose of obtaining a review.
Adjudicate - To pass on judicially, to decide, settle, or decree.
Case law is a way of citing legal precedent. Civil case vs. criminal case: The most commonly cited distinction between civil and criminal cases is that the latter are generally offenses ...
If the defendant pled “not guilty,” then the judge will use the pretrial hearing to set a date for the trial. Additionally, this hearing allows legal teams to challenge the permissibility of evidence, come to settlement agreements and discuss other important pretrial matters.
Affidavit: A term you’ve likely heard referenced often, an affidavit is simply a written or printed statement made under oath.
Probate: The process of administration of the estate of a dead person is referred to as probate. As such, the appropriate court for handling estate matters is called probate court. Quash: A motion to quash essentially asks the judge to annul or set aside a specific action.
summons: While both entail a requirement for the recipient to appear in court, a subpoena is a process that directs a witness to give testimony or submit evidence, while a summons is a document that orders a person to appear before the court in response to a complaint.
Recusal: A recusal is the voluntary action by a judge or prosecutor to remove themselves from presiding in a case. Recusals are often based on things like bias, conflict of interest or prejudice—for example, a state prosecutor may choose to recuse from a proceeding if the case is against their former employer.
Cause of action: The cause of action refers to the reason for which a plaintiff has filed a complaint or suit against someone. Deposition: A deposition is the testimony of a witness other than in open court—often in the form of an oral statement made before an officer who is authorized to administer oaths.
If the lawyer resolves the case too quickly or too slowly, either the client or lawyer may feel they got an unfair portion of the deal. Another concern is that not all areas of law allow lawyers to accept such an agreement. An attorney who agrees to contingency fees in a field that bans them can risk disbarment.
The standard contingency fee for an attorney is a percentage amount rather than a fixed amount.
The primary contingency fee definition is a fee arrangement that allows you to avoid out-of-pocket costs entirely. It is a percentage of the settlement that you receive if you win your case.
Before signing a contingency fee agreement, read through it diligently, especially the fine print. Legal documents are notorious for including information that people miss because they don’t look at the fine print; just look at the Terms of Service for virtually any software.
Many people live in fear of dealing with litigation because they feel that they have no means of paying for an attorney’s services out of pocket. Lawyers are, after all, expensive. High expense doesn’t always have to be the case, especially if you retain a lawyer that agrees to a contingency fee. Contingency fee lawyers are an excellent avenue ...
Although up to 95 percent of cases will settle out of court, some will not. These cases will go to trial before a judge and jury.
Criminal trials do not allow this payment arrangement. No win, no fee personal injury lawyers are the ones most likely to take on a client on a contingent basis.
The judge, knowing exactly what’s going on, typically denies the request, because the jury would smell a rat if the lawyer were to disappear right before the defendant took the stand.
In some courts, the lawyer can protect his sense of ethics by simply putting the client on the stand and instructing him to “tell the jury his story,” rather than specifically prompting the lies. Advertisement. Advertisement. There’s also the controversial issue of “noisy withdrawal.”.
Generally speaking, the states’ rules of professional conduct permit an attorney to dump a client if the breakup won’t hurt him, such at the very beginning of the case , or if there’s a suitable replacement waiting in the wings. (That’s the rationale King & Spalding have used to withdraw from the Defense of Marriage Act case.)
Withdrawal from representation is a surprisingly lively area of legal ethics. Consider the classic case of the avowed perjurer. Criminal defendants have a constitutional right to take the stand in their own defense. Occasionally, one of them tells his lawyer in advance that his entire line of testimony will be lies.
King & Spalding, the law firm that agreed to defend the constitutionality of the Defense of Marriage Act (PDF), withdrew from the case on Monday. House Republicans are furious, and some legal ethicists are concerned that it will undermine people’s trust that their lawyer will stick with them. Can your lawyer just drop you?
Unfortunately, it’s not that easy. As mentioned above, an attorney can’t withdraw in the middle of litigation without the judge’s permission, and it’s indisputably unethical for an advocate to directly inform the judge that his client is a liar.
However, abandonment may be acceptable even if it harms the client’s interests, especially if the client has done something wrong . For example, a lawyer can walk away if the client is engaged in a continuing criminal enterprise, if he’s using the lawyer to perpetuate his illegal scheme, or if the client asks the lawyer to do something illegal ...