Class Action Cases. Class actions are a special form of litigation that can be used to determine the rights and damages for large groups of individuals. Rather than having scores or hundreds or thousands of separate lawsuits, the rights of many individuals can be determined in a single proceeding. Class actions are permitted by the Federal Rules of Civil Procedure and in most state courts if certain factors can be established, including numerosity, common questions of law or fact, typicality of claims or defenses, and adequacy of representation.

Closing Argument. At the end of the trial, the attorneys are permitted to summarize their case for the jury before the jurors begin their deliberations.

Defendant. The defendant is the party being sued in a lawsuit.

Discovery. After a lawsuit is filed, both sides are permitted to obtain information from the other side. This process is very important to the success of any case. Written questions are submitted that must be answered; they are called interrogatories. Written requests to obtain specific documents can be prepared; they are called requests for production of documents. In addition, the attorneys can take depositions of potential witnesses. Rather than being in the form of written questions (interrogatories), depositions are taken of a witness in person. The attorney asks questions and the witness must answer them. Depositions are taken under oath, and a court reporter is present to record all that is said. At the conclusion of the deposition, the court reporter will prepare a written transcript of the question-and-answer session. The deposition can be used as evidence at trial.

Fee Agreements. A fee agreement describes the details of the legal services to be provided by the attorney. It should be in writing and should specifically cover such issues as the fees to be paid to the attorney, the manner in which expenses will be charged, and the scope of legal services that are expected of the attorney.

General and Special Damages. In compensating an injured person for the damages that he or she has sustained, the jury will typically assess two basic categories of damages. One category concerns losses that can be determined with some degree of precision --- loss of earnings, loss of future earning capacity, medical bills in the past and future, and the like. These are called special damages. General damages, on the other hand, are less "mathematical" in nature, but oftentimes they constitute the most significant loss suffered by the injured person. General damages include physical pain and suffering; emotional pain and suffering; loss of enjoyment of life; and loss of care, comfort, and society when a loved one dies.

Gross Negligence. This phrase applies to misconduct that exceeds ordinary negligence, although most courts do not require proof of willfulness or wantonness. Gross negligence --- in most states --- can result from multiple acts of ordinary negligence.

Jury Deliberations. At the conclusion of a trial-after voir dire, opening statements, trial witnesses, closing arguments, and jury instructions --- the jurors are given the case to decide. They discuss the case in a separate room --- jury deliberations --- and then summarize the result of their discussions on the verdict form.

Jury Instructions. Jurors decide cases based on their review of the evidence presented during the trial. The jurors receive direction from the judge regarding any legal principles they must consider in arriving at their verdict. The judge provides that direction by reading from written "instructions"; this is done at the end of the case, although some instruction may be read to the jury at the outset of the trial. Attorneys for the plaintiff and defendant are given an opportunity to submit their recommended instructions to the judge.

Jury Verdict. After the jury has heard all the evidence and received the judge's jury instructions, the jurors meet and arrive at their decision. The foreman of the jury summarizes the decision on the verdict form that the judge --- with input from both sides of attorneys --- has given them. The verdict will indicate who has won and who has lost and, if damages are awarded, the amount of the damages.

Medical Malpractice. Sometimes referred to as medical negligence, it applies to doctors, hospitals, and other health care professionals. As with general negligence, it describes conduct that deviates from a reasonable standard of care. It is usually necessary to prove that deviation by the testimony of expert witnesses in the same field of practice in which the health care worker was engaged at the time of the incident.

Negligence. Negligence is the failure to exercise that degree of care that a prudent or reasonable person would usually use.

Opening Statement. Before the jury begins to hear from witnesses and review exhibits in a trial, the attorneys are permitted to summarize the case and to explain the evidence they believe will be presented during the trial.

Plaintiff. The plaintiff is the party who initiates the lawsuit.

Punitive and Exemplary Damages. This category of damages is not designed to provide compensation for injuries. Instead, compensation is obtained through a jury's award of general damages and special damages. Punitive and exemplary damages, on the other hand, are awarded in circumstances in which the defendant's misconduct should be punished by a specific and separate damage award. Generally, it is necessary to establish that the defendant acted recklessly, willfully, wantonly, or in disregard of the consequences. Under those circumstances, the jury can award damages in an amount that will punish the defendant and assure that the defendant and others will be deterred from similar misconduct in the future.

Royalty Interest. It is a property interest in oil and gas (or other minerals). It entitles the owner of the interest to a share of the production --- free of the expenses of production. An "overriding royalty interest" is a royalty interest, but it usually is meant to refer to an interest in production that is "carved out" of the lessee's working interest in an oil and gas lease.

Statutes of Limitation. Lawsuits must be filed within certain limited periods of time or the person can forever lose his or her right to sue. These time limits vary from state to state, and different time periods are provided for different kinds of cases. Thus, depending upon the state in which the case arises, there will be different periods of time to file cases based on personal injuries, wrongful death, libel, slander, breach of contract, and others.

Tort. A tort is a wrongful act that causes harm to another person.

Voir Dire. This phrase is derived from the French words "to see" and "to say or tell." At the beginning of a jury trial, the Court will have summoned a number of people as potential jurors. Most judges permit the attorneys to question potential jurors before the final group of jurors is selected. This process --- known as voir dire --- allows the attorneys to learn more about the jurors, but it also allows the potential jurors to learn about the case. If the discussion between the attorneys and potential jurors demonstrates that it would be difficult for a particular person to serve as a fair and unbiased juror for the trial, then that person can be excused from jury service.