Georgia Business Litigation & Law Terms - Part 2: General Legal Terminology Used In Litigation
Georgia Business Litigation: Definitions of Common Terms associated with Business Law and Litigation:
Affidavit: Written testimony under oath - usually sworn to in front of a notary.
Alternative dispute resolution (ADR): Methods of resolving legal disputes without going to trial, in a less adversarial manner, such as through arbitration or mediation.
Appearance: Coming into court as a party to a case or voluntarily submitting to the power of a court. Usually this is not a physical act, but a lawyer filing a document.
Arbitration: Submitting a disputed matter for decision to a person who is not a judge. The decision of an arbitrator is usually binding and final.
Arrearage: The amount of money that is past due.
Attorney (at Law): An advocate or counsel employed to prepare, manage and try cases in court. Must be licensed by the state. Lawyer and attorney are usually synonymous.
Damages: Compensation sought by the party filing a lawsuit and awarded by the court for the loss or injury allegedly suffered.
Decree: The court's written order or decision.
Default: Failing to answer a petition or complaint. Failing to file an answer or appear in court as required can result in the court awarding everything requested by the filing party.
Deposition: Part of the discovery or information-exchanging process of a legal proceeding, in which the attorney for the other party asks you questions, you answer with your attorney present, and a transcript of the proceedings is prepared.
Dissolution: The legal termination of a contractual relationship, i.e. dissolution of a partnership.
Mediation: A form of alternative dispute resolution (ADR) for resolving legal disputes without going to trial, by the use of a trained and impartial third party who attempts to bring the parties together in mutual agreement.
Restraining order: An order issued by the court requiring the subject of the order to refrain from doing something.
Settlement conference: A meeting at which the parties and their lawyers attempt to settle the case before trial, often ordered by the court.
Stipulation: An agreement entered into by the parties to a lawsuit that settles the issues between them and is often entered into the court's final order or judgment and decree.
