Glossary
AFFIANT:
A person who signs an affidavit.
AFFIDAVIT:
A written statement of facts signed under penalty of perjury or before a notary public.
AFFIRMATIVE DEFENSE:
A defense to a claim which assumes the allegations in the complaint are true. A successful affirmative defense excuses the party from all or part of the debt. Affirmative defenses include: accord and satisfaction, fraud, payment, statute of limitations, and so on.
AGENT:
A person who acts on behalf of another person, called the principal, and has authority to bind the principal. Agency can either be express or implied by the conduct of the agent or principal.
ALLEGATION:
An assertion made by a party, usually in a complaint, answer, or other pleading, that requires proof to establish its validity.
AMEND:
To change a document already filed with the court by adding, removing, or changing the content.
ANSWER:
A written response to a complaint. The answer must admit or deny each of the allegations of the complaint and may allege affirmative defenses.
APPEAL:
A review of a court decision by a higher court based upon the same evidence presented and the application of the correct law.
APPEARANCE:
The confirmation of a party's participation in a lawsuit either by themselves or through an attorney. The plaintiff appears by filing the complaint. A defendant may appear by filing a written response to the complaint or, in small claims cases, showing up for the pretrial conference.
ARBITRATION:
An informal trial held in front of an independent arbitrator rather than a judge. Arbitration might be required by contract. Arbitration can be binding or non-binding. The decision in a binding arbitration may be reduced to a judgment by the court. If a party does not like the result of non-binding arbitration, they can request a regular trial in front of the court.