What are the legal words and meanings use in small claims court by the judge?

In small claims court, judges and participants often use specific legal terms to facilitate proceedings. Understanding these terms can help you navigate the process effectively. Here's a list of common legal words and their meanings:

Common Legal Terms in Small Claims Court

Parties and Roles

1. Plaintiff: The person or entity filing the lawsuit.
2. Defendant: The person or entity being sued.
3. Judge: The individual presiding over the case and making rulings.
4. Clerk: A court officer assisting with administrative tasks, including filing documents and managing schedules.
5. Witness: A person called to testify under oath about what they know related to the case.

Court Processes

6. Claim: The statement of the plaintiff detailing the issue and the amount of money or relief sought.
7. Answer: The defendant's response to the claim, admitting or denying the allegations.
8. Hearing: The court session where evidence is presented, and the judge decides the case.
9. Judgment: The official decision made by the judge after reviewing the evidence and hearing arguments.
10. Appeal: A process to seek a review of the court’s decision in a higher court (may not always be allowed in small claims cases).

Types of Evidence

11. Testimony: Oral statements given by parties or witnesses under oath.
12. Exhibit: Physical or documentary evidence presented during the hearing (e.g., contracts, receipts, photos).
13. Subpoena: A legal order requiring someone to appear in court or produce evidence.

Legal Standards and Actions

14. Burden of Proof: The plaintiff's responsibility to prove their case by a "preponderance of the evidence" (more likely than not).
15. Liability: Legal responsibility for damages or harm.
16. Damages: The monetary compensation sought or awarded for harm or loss.
17. Default Judgment: A ruling in favor of the plaintiff when the defendant fails to appear in court or respond to the claim.
18. Dismissal: The termination of a case without a decision on the merits (e.g., for procedural issues or lack of evidence).

Courtroom Conduct

19. Contempt of Court: Disrespectful or disruptive behavior that can result in penalties.
20. Perjury: Lying under oath, which is a criminal offense.

Case Resolutions

21. Settlement: An agreement reached between the parties before the judge makes a ruling.
22. Enforcement: The process of collecting a judgment, such as through wage garnishment or liens.

Other Legal Terms

23. Pro Se: Representing oneself in court without an attorney.
24. Statute of Limitations: The legal deadline for filing a claim.
25. Continuance: A delay or rescheduling of a hearing, granted by the judge.

If you're involved in a small claims court case, it’s helpful to review these terms and understand their implications. If you’re uncertain about any specific term or procedure, asking the court clerk for clarification or seeking legal advice can be beneficial.