PLEADINGS

The formal written statement of a party's claims or defenses to another party's claims in a civil action.
The parties' pleadings in a case define the issues to be adjudicated in the action. The plaintiff first
submits a complaint, and then the defendant submits its answer.
COMPLAINTS
is the first pleading filed by a plaintiff which initiates a lawsuit. A complaint sets forth the
relevant allegations of fact that give rise to one or more legal causes of action along with a prayer for
relief and sometimes a statement of damages claimed.
Cause of action- heart of the complaint, the right and basis of bringing the case or action to the
court.
ANSWER
is a pleading filed by a defendant which admits or denies the specific allegations set forth in a
complaint.
AFFIDAVIT
A written statement confirmed by oath or affirmation, for use as evidence in court.
BRIEF-originally intended to mean a brief or summary argument (shorter than an oral presentation), legal
briefs are quite often notoriously long.

1. An appellate brief is a written legal argument presented to an appellate court. Its purpose is to
persuade the higher court to uphold or reverse the trial court's decision. Briefs of this kind are
therefore geared to presenting the issues involved in the case from the perspective of one side only.
2. The Trial Brief is a chance for you to show the Judge your position on the outstanding issues, as
well as the legal arguments for why the Court should order in your favor.
INJUNCTION
A judicial order that restrains a person from beginning or continuing an action threatening or invading
the legal right of another, or that compels a person to carry out a certain act, e.g., to make restitution
to an injured party.
For example:
Mary and Tom have lived in their home for more than 40 years, and have cultivated a lovely property,
filled with mature shade trees. When a new neighbor moves in, he begins making plans to put in a
newer, wider driveway, which will necessitate the removal of a fence, and removal of, or damage to a
very large oak tree that has grown up partially on both properties. Mary and Tom do not want the tree
removed, and file a civil lawsuit seeking a civil injunction preventing the neighbor from doing so.
In this situation, if the couple was to wait until a trial could be held, the damage would be done, and
the court would be hard pressed to order compensation that would truly make things right. This is the

purpose of an injunction. The court will likely order a preliminary injunction requiring the neighbor stop
the construction of the driveway as planned until the matter can be heard and decided by the court.
For example:
After Nick is fired from his job, he threatens to disclose corporate secrets to the public. The
corporation files for an injunction to keep Nick from talking. Because disclosure of sensitive company
information could cause serious damage, the judge is likely to issue a preliminary injunction
prohibiting Nick from disclosing the information.

If the judge issues the permanent injunction, Nick will be permanently prohibited from discussing this
information. If he does not abide by the injunction, Nick may face both criminal charges and
civil liability.

WRIT
General Order; Formal written order issued by the Court and Administrative Body.
A form of written command in the name of a court or other legal authority to act, or abstain from
acting, in some way.
MOTION
A motion is a written request to the court. Motions may be made at any point in administrative,
criminal or civil proceedings, (A motion can be made before, during, or after a trial) although that
right is regulated by court rules which vary from place to place.
NOTICE
Legal concept describing a requirement that a party be aware of legal process affecting their rights,
obligations or duties.

The name of the party initiating the action in court, at any level on the judicial ladder, always
appears first in the legal papers. For example, Arlo Tatum and others sued in Federal District Court
for an injunction against Secretary of Defense Melvin Laird and others to stop the Army from spying
on them. Tatum and his friends became plaintiffs and the case was then known as Tatum v. Laird.
The Tatum group lost in the District Court and appealed to the Court of Appeals, where they were
referred to as the appellants and the defendants became the appellees. Thus the case was still
known at Tatum v. Laird.
When Tatum and his fellow appellants won in the Court of Appeals, Laird and his fellow
appellees decided to seek review by the Supreme Court. They successfully petitioned for a writ of

certiorari from the Supreme Court directing the Court of Appeals to send up the record of the case
(trial court transcript, motion papers, and assorted legal documents) to the Supreme Court.
At this point the name of the case changed to Laird v. Tatum: Laird and associates were now
the petitioners, and Tatum and his fellows were the respondents.