17.1 Legal Terminology I: Pleadings, Motions, Orders & Procedure
Key Takeaways
A complaint starts a civil case; an answer responds to it; a motion asks the court for a ruling; an order is the court's ruling.
A subpoena commands a person to appear and testify; a subpoena duces tecum commands the person to bring documents or things.
Dismissal with prejudice bars refiling the same claim; dismissal without prejudice allows it.
An arraignment is the hearing where a criminal defendant is formally charged and enters a plea; an indictment is the grand jury's charging document.
Blueprint topic 50101 asks you to "define basic legal terminology commonly heard in judicial proceedings." You need the meanings to choose the right word when audio is unclear, and the spellings to type them correctly. Black's Law Dictionary is the blueprint's legal reference.
Starting and answering a civil case
| Term | Meaning |
|---|---|
| complaint | The document that starts a civil lawsuit and states the claims |
| summons | The court paper notifying a defendant of the suit and the deadline to respond |
| service of process | Formal delivery of the summons and complaint |
| answer | The defendant's written response admitting or denying each allegation |
| affirmative defense | A defense that defeats a claim even if the allegations are true (statute of limitations, self-defense) |
| counterclaim | A claim by the defendant against the plaintiff |
| cross-claim | A claim between co-parties (defendant against co-defendant) |
| third-party complaint | A defendant's claim bringing in a new party |
| pleadings | The complaint, answer and related filings that frame the case |
| default judgment | Judgment against a party who fails to respond |
Discovery
| Term | Meaning |
|---|---|
| discovery | Pretrial exchange of information between parties |
| interrogatories | Written questions a party must answer in writing under oath |
| request for production | A demand for documents or things |
| request for admission | A request that a party admit specific facts |
| deposition | Sworn out-of-court testimony, transcribed (Chapter 14) |
| deponent | The person being deposed |
| subpoena | An order to appear and testify |
| subpoena duces tecum | An order to appear and bring documents or things |
| privilege log | A list of documents withheld as privileged |
| meet and confer | The required attempt to resolve discovery disputes before asking the court |
Motions, orders and judgments
| Term | Meaning |
|---|---|
| motion | A request for a court ruling |
| motion to dismiss | Asks the court to end the case, often for failure to state a claim (FRCP 12(b)(6)) |
| motion for summary judgment | Asks for judgment without trial because no genuine dispute of material fact exists (FRCP 56) |
| motion to compel | Asks the court to order discovery responses or answers |
| motion in limine | A pretrial request to exclude or admit evidence (Section 17.3) |
| motion to suppress | In criminal cases, a request to exclude unlawfully obtained evidence |
| continuance | Postponement of a hearing or trial |
| stipulation | An agreement between the parties, often put on the record |
| order | A court's written or oral ruling |
| injunction | An order to do or stop doing something; a TRO (temporary restraining order) is short-term and emergency |
| judgment | The court's final decision; decree in some equity and family matters |
| dismissal with prejudice / without prejudice | Permanent dismissal / dismissal that allows refiling |
| settlement | The parties' agreement ending the case |
Criminal procedure
| Term | Meaning |
|---|---|
| complaint (criminal) | A sworn charge supporting an arrest warrant or initial appearance |
| indictment | Charges returned by a grand jury |
| information | Charges filed by the prosecutor without a grand jury |
| arraignment | The hearing where charges are read and a plea is entered |
| plea bargain / plea agreement | An agreement to plead guilty in exchange for concessions |
| bail / bond | Security for release; release on recognizance (ROR) is release on a promise to appear |
| detention hearing | A hearing on whether the defendant is held before trial |
| presentence report | The probation office's report before sentencing |
| allocution | The defendant's right to speak before sentence |
| probation / supervised release / parole | Supervision instead of or after custody |
| restitution | Payment to victims for losses |
Appeals
| Term | Meaning |
|---|---|
| appeal | Asking a higher court to review a decision |
| notice of appeal | The filing that starts an appeal |
| brief | A written argument |
| affirm / reverse / vacate / remand | Uphold / overturn / set aside / send back for further proceedings |
| en banc | Heard by all the judges of an appellate court, not a panel |
| writ | A formal court order, such as a writ of mandamus or habeas corpus |
Sound-alikes and spellings to watch
| Heard | Watch for |
|---|---|
| "a peal" | appeal |
| "pre-judice" / "prejudice" | prejudice (never predjudice) |
| "judgment" | judgment (U.S. legal spelling; not judgement) |
| "defendant" | defendant, never defendent |
| "counsel" vs. "council" | lawyer vs. governing body (Chapter 4) |
| "sight" vs. "cite" | cite a case |
| "stationary" vs. "stationery" | standing still vs. paper |
| "prosecute" vs. "persecute" | bring charges vs. harass |
| "complaint" vs. "complainant" | the document vs. the person complaining |
| "plaintiff" vs. "plaintive" | the party vs. mournful |
Terms in context: a motion hearing excerpt
THE COURT: We're here on the defendant's motion to
dismiss under 12(b)(6) and, in the alternative, the motion to
compel. Ms. Lee?
MS. LEE: Thank you, Your Honor. The complaint doesn't
allege any facts showing a breach. If the Court is inclined to
deny the motion, we'd ask for a continuance of the discovery
deadline, because the plaintiff still hasn't answered our
interrogatories or produced the documents in our request for
production.
THE COURT: The motion to dismiss is denied without
prejudice. The motion to compel is granted. Responses are due
in 14 days.
What the terms tell the transcriber:
- 12(b)(6): the rule number is spoken without "Federal Rule of Civil Procedure," so the transcript keeps it short, as spoken.
- motion to dismiss and motion to compel: two motions, two rulings; the index or minute entry will show both.
- denied without prejudice: the defendant may file the motion again later, so without is critical. A misheard "with" reverses the meaning.
- interrogatories and request for production: discovery terms, spelled exactly.
- Court is capitalized because counsel refers to the presiding judge (Chapter 4).
How to learn legal vocabulary efficiently
- Learn terms in the order a case uses them (Chapter 14): pleadings, discovery, motions, trial, judgment, appeal.
- Learn pairs, because exam items often test the difference: complaint/answer, indictment/information, with/without prejudice, affirm/reverse, sustained/overruled.
- Say the word, then spell it. Many errors come from spelling by sound (defendent, judgement).
- Use Black's Law Dictionary for any term whose meaning or spelling you are unsure of.
What is a subpoena duces tecum?
An order releasing a defendant without bail
An order requiring a person to appear and bring specified documents or things
A request that a party admit specific facts
A written argument filed with an appellate court
A judge dismisses a case "with prejudice." What does that mean?
The judge was biased against the plaintiff
The plaintiff may refile within 30 days
The case is transferred to another court
The plaintiff cannot refile the same claim
Which proceeding is the hearing at which a criminal defendant is formally charged and enters a plea?
An arraignment
An allocution
An indictment
A deposition
Sections you finish are checked off in the contents.