Hiring a lawyer is an important step in your litigation, but it’s very important to understand the words he is saying. While most attorneys won’t take the time to explain each meaning, we do it for you right now. Here are the most common notions you will hear from your lawyer and from the news, if you are lucky enough not to go through a trial or any US legal problem.
A discovery is information owned by the other party involved in the case. Court rules might permit both parties to file papers and request information from the other party and this is what a discovery is. There is a rather short term to respond to a discovery, consisting of 30 days, while there are multiple types of discoveries.
An interrogatory, depositions, requests for production and requests for admission are all discoveries.
One of the things which are permanently questioned in the court is your credibility, as well as the other part’s credibility. The jury and the judge need to choose the most credible version of the case, so they need to decide which one is saying the truth. Pay attention if you hear the word incredible: if we take it as a good thing in daily life, in the court this means someone is lying.
The court keeps track of a case and this is called a docket. There are single case dockets and multiple case dockets. If there is a case on the docket, there are hearings on the way. Courts control the dockets in multiple ways, by employing motions and asking for more papers to be completed, by trial lists and hearings.
A structured settlement is a way to pay for personal injury, non personal injuries or other type of claims on a long period. The payments are established as a stream, to support the injured part or cover damage. The money usually comes from highly-rated life insurance policies and the fragmented structure, protects the payments from potential creditors.
Damage is a loss of someone – they might be money or other types of damages. A lawyer can refer to economic damages, which clearly define money, like wage loss and other payments which are claimed in the court. Non economic damages are physical injuries, pain and any other loss of life enjoyment or emotional distress. Both business and civil lawsuits involve damages, as one of the parts lost something.
The participants of a default
A default is a process during which the court calls the plaintiff or defendant to the bar to speak up and advance defenses or claims to the other part due to failure to follow the law. The judge can lift the default if the complaints are being met by the defendant.
The defendant is the person who needs to defend against the other part and its claims. A plaintiff is the person who is accusing, also called claimant.
Liability means the defendant is made responsible for the damages and the final goal of the court is to establish who is liable for the event brought up in discussion.
Here is a great video I’ve found on this topic: