4/1/2024 0 Comments Motion to dismiss definitionMagistrate judge: A federal judge appointed by the judges in a district court who may oversee all aspects of a civil case if the parties consent. Local Rules: Rules that apply to cases brought in a specific court. It also is used as a synonym for venue, meaning the geographic area over which the court has territorial jurisdiction to decide cases. Jurisdiction: The legal authority of a court to hear and decide a certain type of case. Judgment: The final action by the court that ends a case in a district court. Interrogatory: One party’s written question to another party that is asked as part of discovery. A person wishing to proceed in forma pauperis must complete this district’s “Petition and Affidavit to Proceed Without Prepayment of Fees and/or Costs,” which is available on the court’s website or from the Clerk of Court’s office. In Forma Pauperis (IFP): Latin phrase meaning “as a poor person.” It is used when a party cannot afford to pay the filing fee to start a civil suit and therefore asks the court for permission to proceed “as a poor person” and not require him to pay the fee in advance. The District Court for the Middle District of Alabama is a district court.ĭistrict judge: A federal judge appointed to serve for life by the President and confirmed by the Senate to serve in a district court under Article III of the Constitution.ĭocket: A brief written chronological list of what has happened in a case that is maintained by the Clerk of Court. Examples include a motion to dismiss or a motion for summary judgment.ĭistrict court: The court in the federal system where most actions start. ![]() It may also refer to the actual information collected during this process, which may include copies of documents, written answers to questions, or depositions.ĭispositive motion: A motion that, if granted, would end a portion of a case or end an entire case. Generally, this happens in-person, and although similar to testifying in court, this generally takes place in a lawyer’s office.ĭiscovery: The phase of a civil case where each party collects information about the case from the other side. Damages may be compensatory (to compensate for a loss or injury) or punitive (to punish or deter future misconduct).ĭefault judgment: Judgment entered in favor of the plaintiff and against a defendant when the defendant fails to answer or respond to a complaint.ĭefendant: In a civil case, this is the party being sued by the plaintiff.ĭeposition: A part of discovery where a witness or party answers questions under oath. If even one party does not consent to have a magistrate judge handle the case, the case will be handled by a district judge.ĭamages: Money that a defendant pays a plaintiff in a civil case if the plaintiff has won. If all parties consent, the magistrate judge will handle all aspects of the case, including a jury trial, if necessary. ![]() Magistrate Judge: A form on which a party states whether he authorizes a United States Magistrate Judge to be the judge in the case. In this document, the plaintiff outlines his case and states what he would like to happen.Ĭonsent/Refusal to Proceed Before U.S. § 1920.Ĭomplaint: A written statement filed by the plaintiff to begin a lawsuit. ![]() ![]() It asks for basic information about a case and is used for keeping track of what types of cases are filed in federal court.Ĭosts: Money a court may award to a party who wins a lawsuit for expenses incurred by the winning party during the lawsuit for things such as filing fees, service of a summons or subpoena, court reporters, or witnesses. Additional information can be found at various websites such as or by consulting a legal dictionary.Īffidavit: A written or printed statement made under oath.Īmount in controversy: The amount of money at issue in a case.Īnswer: The document that a defendant files in response to a plaintiff’s complaint.īrief: A written statement submitted to a court that explains a party’s factual and legal arguments in support of a motion.Ĭivil case: A legal action where a plaintiff seeks some sort of relief from a defendant.Ĭivil cover sheet: A form submitted by the plaintiff along with a complaint. Simple definitions of some of the most common terms are below. Courts and lawyers often use terms that have special meanings when used in the legal setting.
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