The burden of proof is the duty of a party in a trial to substantiate an allegation or issue to avoid dismissal or convince the court of the truth of a claim, essential in both civil and criminal lawsuits.
A cause of action refers to a set of facts sufficient to justify a right to sue, providing the foundation for a valid lawsuit. This is distinct from a right of action, which is the legal entitlement to initiate a lawsuit.
A counterclaim is a counter demand made by a defendant against the plaintiff. It is not merely an answer or denial of the plaintiff's allegations; rather, it asserts an independent cause of action in favor of the defendant.
A comprehensive term in law which can refer to formal pleadings, legal documents related to condominium creation, and statements made by an insured for insurance purposes.
A Demurrer is a formal objection that the facts as stated in the pleadings, even if true, are not legally sufficient for the case to proceed further. It tests whether the complaint is sufficient to state a cause of action without admitting anything.
A pleading is a formal document submitted to a court, outlining the facts and legal grounds that constitute a plaintiff's cause of action or a defendant's grounds of defense. This document delineates the dispute and serves as the foundation for the legal proceedings.
Res Judicata is a legal doctrine which prevents parties from relitigating the same issue that has already been resolved by a competent court through a final judgment.
Setoff refers to a counterclaim put forth by the defendant against the plaintiff, often diminishing the amount recoverable by the plaintiff by considering an independent cause of action.
