whats the word for when a lawyer agrees to something for the other side

by Shanna Lubowitz 9 min read

What is it called when the attorney for the other side of the case asks you questions?

interrogatories - Written questions asked to one party by an opposing party, who must answer them in writing under oath. Interrogatories are a part of discovery in a lawsuit.

What is it called when the judge agrees with the objection the lawyer makes?

When the judge says ā€œObjection sustainedā€ it means that the witness is not to answer the question. It means the judge agrees with the attorney who has objected.

What is it called when a called when a judge agrees with the person objecting and does not allow the witness to answer the question?

In the law of the United States of America, an objection is a formal protest raised in court during a trial to disallow a witness's testimony or other evidence in violation of the rules of evidence or other procedural law.

What is it called when you come to an agreement in court?

You may go in front of a mediator, a magistrate or the judge. If you and the plaintiff can come to an agreement at the case management conference, it is called ā€œsettlingā€. If you settle, you do not need to go to trial.

What does it mean to overrule a case?

Legal Definition of overrule

1 : to rule against the objection was overruled ā€” compare sustain. 2a : to rule against upon review by virtue of a higher authority : set aside, reverse the appeals court overruled the trial court's decision.

What is meant by overrule in law?

Overruling is the procedure whereby a court higher up in the hierarchy sets aside a legal ruling established in a previous case.

What does it mean to sustain an objection?

If a judge sustains the objection, it means that the judge agrees with the objection and disallows the question, testimony or evidence. If the judge overrules the objection, it means that the judge disagrees with the objection and allows the question, testimony or evidence.

What does it mean objection overruled?

When an objection is overruled it means that the evidence is properly admitted to the court, and the trial can proceed. When an objection is sustained, the lawyer must rephrase the question or otherwise address the issue with the evidence to ensure that the jury only hears properly admitted evidence.

What does objection speculation mean?

Objection: Calls for Speculation

Speculation is a legal basis for objecting to witness testimony on grounds similar to the argumentative objection ā€” because the evidence is not considered reliable or factual.
Sep 27, 2019

What does settled by Stipulation mean?

The agreement by which almost all California license discipline or denial cases are settled is called a stipulated settlement. In a stipulated settlement, a licensee or license applicant usually makes admissions of some wrongdoing and agrees to accept an administrative sanction.Feb 6, 2014

What is a Stipulation of settlement agreement?

The Stipulation and Settlement Agreement is the contract between both spouses relating to all matters in their divorce. There are two forms - one with children and one without children. You will need to select the proper Agreement depending upon whether or not you have children with the spouse whom you are divorcing.

What is a Stipulation of settlement in NY?

In a settlement both sides agree to the outcome of the case and there is no trial before a judge or a jury. The settlement can be made with or without the help of the court. The agreement is written down and signed by both sides. This writing is called a Stipulation of Settlement.Nov 6, 2014

What is acceptance in UCC?

Acceptance ā€“ An unambiguous communication that the offer has been accepted. For contracts controlled by the UCC, contracts involving the sales of goods need not mirror the offerā€™s terms. For other contracts, the acceptance must mirror the offerā€™s terms without omitting, adding, or altering terms.

What is the difference between satisfaction and accord?

A way to discharge a claim whereby the parties agree to give and accept something in settlement of the claim that will replace the terms of the partiesā€™ original agreement. Accord is the new agreement; satisfaction is performance of the new agreement.

What is an adjudication?

Adjudication - Judgment rendered by the court after a determination of the issues. Ad Litem - A Latin term meaning ā€œfor the purpose of the lawsuit.ā€. For example, a guardian ā€œad litemā€ is a person appointed by the court to protect the interests of a minor or legally incompetent person in a lawsuit.

What does "ad litem" mean?

Ad Litem - A Latin term meaning ā€œfor the purpose of the lawsuit.ā€. For example, a guardian ā€œad litemā€ is a person appointed by the court to protect the interests of a minor or legally incompetent person in a lawsuit. Administrator - (1) One who administers the estate of a person who dies without a will.

What is an appeal in civil court?

Appeal - An application to a higher court for review of an order of conviction or of a civil judgment against a party.

What is an appeal bond?

Appeal Bond - A sum of money posted by a person appealing a judicial decision (appellant). Appearance ā€“ (1) The formal proceeding by which a defendant submits to the jurisdiction of the court. (2) A written notification to the plaintiff by an attorney stating that s/he is representing the defendant.

What is an arrest warrant?

Arrest Warrant ā€“ An order by a judge that gives permission for a police officer to arrest a person for allegedly committing a crime. Assault - Threat to inflict injury with an apparent ability to do so. Also, any intentional display of force that would give the victim reason to fear or expect immediate bodily harm.

What is the meaning of agreement in English?

In grammar, agreement refers to the fact or state of elements in a sentence or clause being alikeā€”that is, agreeingā€”in gender, number, or person.

What is a bond agreement?

In U.S. law, bond specifically refers to a formal written agreement by which a person undertakes to perform a certain act ( e.g., appearing in court or fulfilling the obligations of a contract). The failure to perform the act obligates the person to pay a sum of money or to forfeit money on deposit.

What does "accord" mean in English?

Accord. Accord appears in Old English with the meaning "to reconcile" or "to bring into agreement," which was borrowed from its Anglo-French etymon, acorder, a word related to Latin concordāre, meaning "to agree.". This original sense of accord is transitive, and in modern English it still occurs but infrequently.

What does "assent" mean in Latin?

Assent descends from Latin assentire, a combination of the prefix ad- (meaning "to" or "toward") and sentire ("to feel" or "to think"). The meanings of the Latin roots imply having a feeling or thought toward something, and that suggestion carries over to English's assent, which denotes freely agreeing with or approving something that has been proposed or presented after thoughtful consideration. Assent is used as a noun or a verb with the meaning "to agree or approve."

What does "assent" mean in medical terms?

Assent is used as a noun or a verb with the meaning "to agree or approve.". The patient gave her assent to be part of the medical study. Many at the meeting nodded in assent. Both parties assented to the terms of the contract.

When was the word "bargain" first used?

Bargain, as a noun and verb, began being exchanged in English during the 14th century. We know that it developed from Anglo-French bargaigner, meaning "to haggle," but its history thereafter is unclear. The first known use is as a noun referring to a discussion between two parties on the terms of agreement.

When was bond invented?

Early recorded evidence of bond goes back to the 12th century and ties the word to things that bind, constrict, or confine (such as a fetter ). The word is believed to be a phonetic variant of band, which had the same meaning.

What is an adversary proceeding?

Adversary proceeding. A lawsuit arising in or related to a bankruptcy case that begins by filing a complaint with the court, that is , a "trial" that takes place within the context of a bankruptcy case. Affidavit. A written or printed statement made under oath.

What does "friend of the court" mean?

Latin for "friend of the court.". It is advice formally offered to the court in a brief filed by an entity interested in, but not a party to, the case. Answer. The formal written statement by a defendant in a civil case that responds to a complaint, articulating the grounds for defense. Appeal.

What is an acquittal?

Acquittal. A jury verdict that a criminal defendant is not guilty, or the finding of a judge that the evidence is insufficient to support a conviction. Active judge. A judge in the full-time service of the court. Compare to senior judge.

What is a jury verdict?

A jury verdict that a criminal defendant is not guilty, or the finding of a judge that the evidence is insufficient to support a conviction. A judge in the full-time service of the court.

What is an active judge?

Active judge. A judge in the full-time service of the court. Compare to senior judge.

What is the AO?

Administrative Office of the United States Courts (AO) The federal agency responsible for collecting court statistics, administering the federal courts' budget, and performing many other administrative and programmatic functions, under the direction and supervision of the Judicial Conference of the United States.

What is an affidavit in court?

Affidavit. A written or printed statement made under oath. Affirmed. In the practice of the court of appeals, it means that the court of appeals has concluded that the lower court decision is correct and will stand as rendered by the lower court.

What does "abatement" mean?

Abatement. cancelling a writ or action; stopping a nuisance; reducing the payments to creditors in proportion, if there is not enough money to pay them in full; or reducing the bequests in a will, in proportion, when there is not enough money to pay them in full. Abduction.

What does "abduction" mean?

Abduction. taking someone away by force. Ab initio. from the start of something. (This phrase is Latin.)

What is absolute privilege?

Absolute privilege. a defence which can be used in a case of defamation if the statement from which the defamation arose was : made in Parliament; in fair and accurate news reporting of court proceedings; or. made during court proceedings.

What is a defence in a case of defamation?

a defence which can be used in a case of defamation if the statement from which the defamation arose was: made in Parliament; in fair and accurate news reporting of court proceedings; or. made during court proceedings. Abstract of title.

What is the meaning of "admissibility of evidence"?

Admissibility of evidence. which evidence can be presented in court. Evidence must be relevant to the case but even some relevant evidence cannot be presented, such as hearsay or evidence of little value. The judge decides whether or not evidence can be used in the case.

What is annual account?

Annual accounts. the summary of an organisation's financial transactions during the year covered by their accounts, and a 'snapshot' of the assets and liabilities at the end of the year. Annual general meeting. the yearly meeting of the members of an organisation which must be held to meet legal conditions.

What is annual general meeting?

Annual general meeting. the yearly meeting of the members of an organisation which must be held to meet legal conditions.

What is the purpose of a law suit?

Put another way, the purpose of a law suit is to prove that one party is liable for the injuries and damages suffered by the other. 8. Malpractice. Malpractice is a complicated term. In order for us to prove that a doctor to committed malpractice, we need to prove four things:

Do lawyers have their own language?

Lawyers and law suits have their own language. Unfortunately, lawyers often forget that while we deal with this language every day, our clients and others involved in the legal system are often hearing strange words for the first time. At Ury & Moskow, we give a welcome package to each of our new personal injury and medical malpractice clients that explains what a law suit is and how the court system works. But we have never shared this information with our other litigation clients, or with the public. That changes now.

What is default in court?

A Default is a process where the court bars a party (plaintiff or defendant) from advancing claims or defenses because that party failed to do something required by the rules of court or statutes (law).

What is a defendant in a lawsuit?

Defendant. The Defendant is the person defending himself/herself in a law suit, or the person who is being sued. Although Defendants can bring their own claims against the person suing in the same case, called counterclaims, we generally think of a Defendant as the person accused of wrongdoing. 5.

What is the process of discovery?

Discovery (discovery process) Various statutes and court rules permit both sides of a lawsuit to file certain papers in court requesting the other side to furnish information about the case. This is what we call Discovery ā€“ we discover information that the other side has about the case.

What is the docket of a case?

Docket. A Docket is the way the court keeps track of a case, and can be either singular (the docket for your particular case) or plural (the courtā€™s entire docket of cases ā€“ sometimes in the hundreds). You may hear that your case is ā€œon the docket,ā€ meaning that it is scheduled for some type of hearing.

What is trial list?

Trial List. This is where the case is ready for trial and the pleadings are closed, meaning that all papers that need to be filed have been filed. A case can be on either the jury list (where the case will be decided by a jury) or a courtside list (where the case will be decided by a judge. 6 (c).

What is the cause of action?

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 courtā€”often in the form of an oral statement made before an officer who is authorized to administer oaths.

How many people are on a grand jury?

Grand jury: A grand jury consists of 16ā€“23 citizens who, upon listening to evidence presented by prosecutors, determine whether there is probable cause to believe the accused party committed an offense. The decision of a grand jury will determine if a case will be brought to trial.

What is a men's rea?

Mens rea: A term that literally means ā€œguilty mindā€ in Latin, mens rea is used to describe the criminal intent of an individual when committing a crime, otherwise known as criminal responsibility. Pretrial hearing: After an arraignment has been completed, the defendant will return to court for a pretrial hearing.

What is a recusal in court?

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 prejudiceā€”for example, a state prosecutor may choose to recuse from a proceeding if the case is against their former employer.

What is the difference between a subpoena and a summons?

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.

What is an affidavit in court?

Affidavit: A term youā€™ve likely heard referenced often, an affidavit is simply a written or printed statement made under oath.

What is bench trial vs jury trial?

jury trial: While a jury trial is exactly what it sounds likeā€”a traditional court trial in which the caseā€™s outcome is decided by a jury of peersā€”a bench trial is a trial in which the judge fulfills the role of the jury.

What is administrative law?

administrative law: The area of law that concerns government agencies. cause of action: The reason for which a plaintiff files a complaint or suit against someone. This can be negligence, breach of contract, malpractice or defamation, to name a few.

What is a demurrer in law?

demurrer (dee-muhr-ur): A formal response to a complaint filed in a lawsuit, pleading for dismissal and saying , in effect, that even if the facts are true , there is no legal basis for a lawsuit. Examples include a missing necessary element of fact, or a complaint that is unclear.

What does "it's all Greek to me" mean?

Youā€™ve probably heard the metaphor, ā€œItā€™s all Greek to me,ā€ when someone doesnā€™t understand or is totally flummoxed by a subject or situation. The law is ā€œGreekā€ to many people: itā€™s frequently misunderstood and legal terminology is misused by most people.

Is robbery a property crime?

One simplified distinction is that robbery is a person-on-person crime. Burglary is a property crime. Other frequently confused terms are assault and battery. A man who has just been punched by another man may scream that heā€™s been assaulted.

What do paralegals need to know?

As a paralegal you will need to become familiar with legal terms and especially familiar with terms used in the field of law you end up working in. Should you work for a public defender, prosecutor or criminal defense attorney you will be dealing with more terms relating to criminal law.

What is compensatory damages?

(English common law is the basis of state legal systems in the U.S., with the exception of Louisiana.) compensatory damages: Damages that are recovered for injury or economic loss.

What is a felony in the US?

felony: A serious crime punishable by death or at least one year in a state or federal prison. Felonies include arson, rape, perjury and homicide. When theft is involved, the value of that which was stolen determines whether the offense is considered a misdemeanor or felony.

What is the name of the person who filed a divorce petition?

PETITIONER: the spouse who filed the divorce petitionā€”also called the plaintiff. PLAINTIFF: the person who started the caseā€”also called the plaintiff. PRENUPTIAL AGREEMENT: a contract signed by the spouses before the marriage setting out each spouse's rights to property and assets in the case of a divorce.

What is collusion in divorce?

COLLUSION: an agreement between two or more persons that one of the parties brings false charges against the other. In a divorce case, the husband and wife may agree to use adultery as a ground in order to obtain a divorce more quickly, knowing full well that adultery was not committed. Collusion is illegal.

Does Maryland recognize common law marriage?

Maryland does not recognize common law marriages. COMMUNITY PROPERTY: a method of dividing marital property between spouses, which is based on an equal or 50/50 division. Courts will generally only divide property bought or acquired by one or both spouses during the marriage.

Which states use community property?

The following states use the community property method of property division: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.

What is contempt of court?

CONTEMPT: failure to follow a court order ā€”one side can request that the court determine that the other side is in contempt and issue a punishment, which can include monetary fines, jail time, or both. CORROBORATIVE WITNESS: a person who testifies for you and backs up your story.

What is a custody parent?

CUSTODIAL PARENT: the parent who has physical custody of the parents' child or children. CUSTODY-SOLE & JOINT: refers to the legal arrangements for whom a child will live with and how decisions about the child will be made. Custody has two parts: legal and physical.

What is legal custody?

Legal custody refers to a parent's right to make decisions about a child's health, safety, and welfare, and physical custody refers to where the child lives on a regular basis. Generally, the parent the child does not live with will be allowed to have regular visits with the child.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

What is the difference between a lawyer and a client?

Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.

Do juries get it right?

While juries usually get it right, sometimes, it's not about whether a particular matter is emotional or simple, complicated or straightforward. Sometimes people make decisions on who has the nicer suit, or who is more pleasant to deal with. So even if your case is good or even if it's not so strong.

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