Plaintiff
The plaintiff, or a claimant, is the person who files the lawsuit. The plaintiff wishes to recover damages from the defendant when a wrong has occurred.
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Defendant
A defendant is one who is defending themselves in a lawsuit or the person who was sued by the plaintiff. There are claims that can be brought against the plaintiff, called counterclaims, but generally, the defendant is one who is accused of committing a crime.
Credibility
Think credible or incredible, meaning that someone is believable, honest, or trustworthy when they are telling a story or speaking. Showing that you have credibility by being honest and upfront from the very beginning will show your lawyer, the judge, and in the end, the jury that what you are saying is believable. Oftentimes, there are two sides to a story, and one side will try to discredit the other. When it comes to any criminal case, the jury needs to believe that whoever is on the stand is telling the truth.
Damages
Generally, this term is used to describe an amount of money that can be recovered in a lawsuit. Depending on the case, damages can mean different things. Economic damages, for example, can mean profit that is lost while recovering from an injury or medical costs. Physical damages can mean injuries sustained, emotional distress, pain and suffering, scars, disability, or loss of quality of life. There are also nominal damages and punitive damages.
- Nominal damages occur when a court decides that a legal wrong has taken place, but there is not a financial loss.
- Punitive damages are awarded to punish the defendant, rather than recover something that was lost.
Default
A default is when either the defendant or plaintiff has failed to do something that is required by law. For example, a defendant did not appear in court when required. When this occurs, the judge is able to make a default judgment, meaning that the defendant loses the case.
Discovery
Both sides in a lawsuit are able to request information about the case from the other side. There are multiple methods of discovery:
- Interrogatories are a series of written questions one side will ask the other. The answers must be written and are given under oath.
- Request for Production is when either side of a case requests documents that relate to the case.
- Depositions are a common form of discovery between an attorney (who will ask questions) and the deponent from the opposing side (who will answer questions). A court reporter will take down what is spoken and create a transcript that will be signed by the deponent if it is accurate.
Bonus Vocab: Demurrer
A response to a complaint in a lawsuit stating that there are no legal grounds for a case, even if the facts of the case are true. Reasons for a demurrer are when a complaint is unclear or it is missing a fact.
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