Skip to main content

Civil litigation · words in context

Legal terms are shortcuts; the operative rule and record supply the meaning

This glossary groups recurring terms by the decision they affect and flags where a one-sentence definition would mislead.

Legal terms · not a deadline or claim calculator

Start with the parties, posture, evidence, and current source

The first vocabulary group answers who is before the court, what they allege, and what they ask the court to do.

Keep the operative papers, orders, chronology, evidence record, and unresolved legal question together before choosing the next step.

The procedural record

The facts that can change the litigation or evidence analysis

Separate the parties, current posture, decision-maker, evidence sources, governing rules, and timing before relying on a label.

01

The parties and decision-makers

Is this the operative pleading or a superseded draft?

02

The procedural stage

Which fact supports each element, and which fact remains based only on a report or inference?

03

The evidence and record sources

Who bears the burden on the claim, defense, motion, or requested relief?

04

The legal and timing question

Has the court entered a signed order, or has a party only requested one?

People and papers

Parties, claims, pleadings, and motions

The first vocabulary group answers who is before the court, what they allege, and what they ask the court to do.

A plaintiff or petitioner initiates a civil action; a defendant or respondent answers it, although specialized proceedings use other names. A claim is a legal basis for relief supported by alleged facts. A defense contests liability or relief; an affirmative defense can introduce additional matters the defending party may have to establish.

A counterclaim is a claim by an opposing party, and a crossclaim or third-party claim can add disputes among existing or new parties. Capacity, standing, real-party-in-interest rules, substitution, estates, guardians, governments, tribes, and organizational form can affect who may sue or be sued.

A complaint or petition is an initiating pleading; an answer responds; an amended pleading replaces or changes the operative allegations when allowed. A motion asks the court to enter an order. A brief or memorandum supplies legal argument and cited authority. An exhibit attaches or presents material but does not necessarily authenticate itself or prove every assertion.

An order reflects a court ruling; a judgment is the formal disposition described by the governing rules. Drafts, proposed orders, minute entries, docket text, signed orders, and final judgments should not be treated as interchangeable.

  • The parties and decision-makers

    Is this the operative pleading or a superseded draft?

  • The procedural stage

    Which fact supports each element, and which fact remains based only on a report or inference?

  • The evidence and record sources

    Who bears the burden on the claim, defense, motion, or requested relief?

  • The legal and timing question

    Has the court entered a signed order, or has a party only requested one?

Section 1

Information and proof

Discovery is a process; evidence is material offered to prove a point

The words overlap in conversation, but they perform different jobs in a lawsuit.

Discovery is the rule-governed exchange and investigation of information. Interrogatories are written questions answered under the applicable verification rules. Requests for production seek documents, electronically stored information, tangible items, or inspections. Requests for admission ask a party to admit specified matters for the action. A deposition records sworn oral testimony. A subpoena commands a nonparty or witness as authorized by the issuing court and governing rule.

Objections, protective orders, privilege, work product, proportionality, confidentiality, and enforcement can affect each device. No generic response period should be used without the current rule and service facts.

Evidence includes testimony, documents, physical items, electronically stored information, photographs, recordings, demonstrations, and opinions offered under the governing rules. Relevance asks whether material tends to affect a fact of consequence, but relevant evidence can still face exclusion or limitation. Authentication asks whether the proponent can support that an item is what the proponent claims. Hearsay concerns certain out-of-court statements offered for their truth and has exclusions and exceptions.

Privilege protects specified communications or interests; confidentiality alone does not automatically create privilege.

  • Possession is not the same as completeness or admissibility

    A produced PDF may omit attachments or metadata. A screenshot may not identify its account or time zone. A business record may need a custodian or certification. Each use depends on provenance and the governing evidence rules.

Section 2

Decision standards

Burden of proof is a legal standard, not a made-up percentage

The applicable burden can change with the claim, defense, issue, stage, and requested relief.

Burden of production concerns whether a party has presented enough support to put an issue before the decision-maker. Burden of persuasion concerns how convincing the proof must be under the governing law. Preponderance of the evidence is commonly described as more likely true than not true. Reducing it to a precise numerical score can distort how judges and juries evaluate the whole record.

Clear and convincing evidence is a different standard used for specified issues. Beyond a reasonable doubt is the criminal burden and should not be assigned a fictional percentage.

Standard of review describes how an appellate court examines a lower court's decision, such as legal conclusions, factual findings, or discretionary rulings. It is not the trial burden. Summary judgment asks whether the supported record presents a genuine dispute requiring trial under the governing rule. It is not a credibility-free promise or a miniature verdict.

A motion to dismiss generally tests identified pleading or legal defects under a particular rule and can involve jurisdiction, service, plausibility, immunity, or other grounds. The rule, materials considered, and relief requested must be specified.

  • The parties and decision-makers

    Who must produce support for this issue?

  • The procedural stage

    What level of persuasion applies if the issue reaches the fact-finder?

  • The evidence and record sources

    What procedural standard governs the motion now before the court?

  • The legal and timing question

    What standard would an appellate court use to review the ruling?

Section 3

Resolution terms

Settlement, dismissal, verdict, judgment, and payment are separate states

Precise status language prevents a proposed resolution from being reported as complete.

A settlement proposal or demand is an offer or requested framework; it is not an agreement. Mediation is a facilitated negotiation. A term sheet may record material points but its effect depends on its language, authority, signatures, conditions, and governing law. A release is an agreement relinquishing described rights or claims. A dismissal removes claims or parties as provided by rule or order and may be with or without prejudice.

A verdict is a fact-finder's decision; a judgment is the court's formal disposition. Post-trial motions, stays, appeal, collection, lien resolution, or satisfaction can follow.

Damages describe legally recoverable loss categories when liability and proof are established. Economic and noneconomic categories, statutory remedies, equitable relief, punitive damages, fees, costs, interest, offsets, caps, immunity, insurance, liens, taxes, bankruptcy, and collectability present separate questions. Compensation is not a promise that every claimed amount is recoverable. Settlement value is not a formula produced by adding invoices. It reflects disputed law, evidence, causation, risk, procedure, collectability, and the client's informed choices.

  • Name the actual state

    Use proposed, sent, accepted, signed, fully executed, funded, received, disbursed, dismissed, satisfied, or closed only when the corresponding record supports that description.

Section 4

Review and timing

Appeal and deadline words demand the actual order and trigger

Limitation period, repose, notice, exhaustion, finality, tolling, and appealability cannot be defined safely by a universal number.

A statute of limitation can bar a claim filed after the applicable period. Identifying the period may require claim classification, accrual analysis, discovery rules, tolling, minority or disability provisions, defendant identity, public or tribal notice, administrative exhaustion, contract terms, repose, borrowing rules, relation back, and federal law. A statute of repose may run from a defined event regardless of later discovery in circumstances governed by the statute.

Notice and exhaustion can be separate prerequisites. A general glossary should explain those concepts without assigning a reader a filing date.

An appeal asks a reviewing court to examine an appealable decision under defined jurisdiction and standards. Preservation refers to whether an issue was properly raised and maintained for review. The appellate record is the material the reviewing court may consider. A stay can suspend specified enforcement or proceedings but is not presumed. Remand returns a matter to a lower court or another forum under the relevant authority.

Finality, interlocutory review, post-judgment motions, bonds, notices, record designation, briefing, and rehearing each require the current forum rules and the actual docket.

Section 5

Legal-information boundary

A definition does not answer the legal question

This glossary offers orientation only. It does not classify a claim, establish evidence, decide a burden, interpret an order, calculate damages, select a procedure, or predict a result.

Never calculate limitation, notice, service, discovery, post-judgment, or appeal time from a glossary entry. Use current law, the actual papers, the docket, and matter-specific advice.

Section 6

FAQ

Questions people often ask about litigation and evidence

Is a complaint proof that the alleged events happened?

No. A complaint or petition states allegations and claims subject to the applicable pleading duties. The facts may later be admitted, disputed, supported, narrowed, or rejected through evidence and procedure.

Does relevant information automatically come into evidence?

No. Discovery scope and trial admissibility differ. Relevance, authentication, hearsay, privilege, unfair prejudice, expert standards, court orders, and other rules may affect use.

Does preponderance of the evidence mean fifty-one percent?

That numeric shortcut can mislead. It is commonly explained as more likely true than not, applied to the whole admissible record and the specific issue under the court's instructions.

Is a settlement complete when the parties agree on a number?

Not necessarily. Authority, material terms, release language, conditions, signatures, lien or approval issues, funding, dismissal, and performance can remain. The actual agreement and posture control.

What is my statute of limitations?

A glossary cannot answer that. Claim, accrual, repose, notice, tolling, minority, defendant identity, government or tribal status, administrative requirements, contract terms, and forum law may affect time. Seek prompt specific review.

Related litigation, court, and evidence guides

Primary law and official guidance

These sources frame this guide. Reachability does not establish the governing version, applicability, interpretation, evidence, jurisdiction, timeliness, standard of care, liability, damages, or outcome in a particular matter.

View every source used for this guide

Addison Law Firm is based in Oklahoma City. This guide provides general legal information, not advice for a particular matter. It does not create an attorney-client relationship, select a court or tribunal, calculate a deadline, instruct testimony, authorize a filing, preserve evidence, compel records, establish a federal motor-carrier duty, prove causation or liability, value damages, or promise an outcome.

Review the record and next step

Bring the actual paper, order, rule, or notice using the term.

A focused review can place the term in its procedural setting and identify the document, decision-maker, legal effect, and timing question that matter.