Lawsuits and Appeals Glossary Terms

The annual payment of an allowance or income. Commercial annuities are usually issued by an insurance company or investment company in exchange for an initial monetary deposit. They can also be issued by a charity, in exchange for a donation. The purchase of an annuity can be part of an estate plan or could be part of the monetary settlement from an injury or malpractice claim.

A trial held before a judge only. The judge will listen to the facts of the case and make a determination of guilt or innocence as well as setting appropriate penalties. For most states, in a criminal trial, a bench trial may happen if the defendant has waived his or her rights to a jury trial. In a civil trial, both parties in the dispute must agree to waive their rights to a jury.

The serious harming of someone’s reputation or character by making false statements as though they are factual. Includes the more specific Slander and Libel.

The person or entity who is being sued in a court of law.

Libel is typically written or printed defamation (serious harming of someone’s reputation or character by making false statements) but can include pictures, signs, film, and electronic broadcasts like websites, webcasts, podcasts, television, or radio.

The process of filing a lawsuit to settle a legal dispute. The person (or entity) who files the lawsuit (in order to have court settle the legal issue) is called the "plaintiff." The other party (or person) who is being sued is called the "defendant."

The party (individual) or entity who starts a lawsuit against another party (the defendant) in a court of law.

A document which gives someone the power to act on a person’s behalf with respect to certain situiations and transactions. Power of Attorney may be granted for medical, financial, or transactional purposes.

A court order which protects the petitioning party or their minor children if they are in danger of physical abuse and need immediate protection. Orders can be obtained against a family or household member, which includes a spouse or former spouse, person who lives or lived with the petitioner as a spouse; brother or sister; parent or child; family member related by blood or marriage; current or former sexual or intimate partner; and someone with whom the petitioner has a child in common. The order typically instructs the defendant not to abuse, harass, or stalk the plaintiff, their relatives or minor children. It will also order the defendant to be removed from the home where both parties live and grant the plaintiff possession of the home. The order may also address temporary custody arrangements for minor children as well.

The act of a judge to remove (recuse) him or her self from participating in a case because they have special or personal interest in the outcome that could influence their decisions or judgement of the case.

Usually spoken defamation (serious harming of someone’s reputation or character by making false statements) but can include gestures, sign language, and other “non-permanent” statements.

The law that details the maximum period of time that legal proceedings may be enacted after certain events. The statute of limitations will vary by the event and by state and country.

An agreement for the financial settlement of a lawsuit to be paid out in installments rather than in a lump sum. Structured settlements usually result from large settlements and are often created through the purchase of annuities. The payments can be structured in any way the parties choose (monthly, yearly, quarterly, etc.). Structured settlements are common in large recovery cases, often in anticipation of long-term financial and health care costs.