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Glossary

Essential words and terms used in the legal industry.

The nomenclature of the law changes with some frequency. When it comes to litigation, attorneys have proven themselves adept at pivoting and adopting new language and new concepts. Just decades ago, discovery requests likely did not include telephone logs, audiocassettes, faxes, CDs, emails, texts, and mp4s. Now they are boilerplate.

We are on the cusp of another significant pivot as remote virtual litigation becomes the norm. The fundamentals stay the same. The methods and nomenclature evolve. To foster uniformity with this new nomenclature, Calloquy offers the following:

A   |   B   |   C   |   D   |   E   |   F   |   G   |   H   |   I   |   J   |   L   |   M   |   N   |   O   |   P   |   Q   |   R   |   S   |   T   |   V   |   W

These great teams use our software.

A


ADR

Alternative Dispute Resolution – a method of resolving a dispute by avoiding litigation. These methods include arbitration, negotiation, and mediation.

Affidavit

Sworn statement that a witness makes before a notary or court officer asserting that certain facts are true.

Affordable Connectivity Program (“ACP”)

A part of the Infrastructure Act, the Affordable Connectivity Program (ACP) provides $14.2 billion to make broadband more affordable; the ACP provides eligible households with a discount on broadband service and connected devices.

AI

AI, short for Artificial Intelligence, is a branch of computer science that aims to create machines or software programs that can simulate human-like cognitive functions, such as learning, problem-solving, reasoning, and decision-making. AI systems can process and analyze vast amounts of data, recognize patterns, and make predictions or provide insights based on the information they've learned. The field of AI has grown rapidly in recent years and has found applications in various industries, including law, healthcare, finance, transportation, and entertainment.

Arbitration

A method of alternative dispute resolution where one or more persons, identified as arbitrators, hear a dispute and render a binding decision; parties can agree to arbitration either before a dispute arises, as in an employment or construction contracts, or after a dispute arises.

Arbitrator

A neutral third party who works to resolve a legal dispute between opposing parties by reviewing the evidence and reaching a binding decision outside of court. An arbitrator is a neutral third party that oversees an arbitration. Disputes undergoing arbitration can be overseen by either a single arbitrator or a panel of arbitrators. These arbitrators have the authority to bind both parties to the remedies or courses of action determined through arbitration. That said, an arbitrator’s decision can be overturned if a party can show that the arbitrator was clearly partial, corrupt, or guilty of other misconduct.

ASCII (American Standard Code for Information Interchange)

ASCII is a character encoding standard used to represent text and control characters in computers and other devices that use text. It was developed in the 1960s and is widely used to ensure compatibility and consistency when exchanging data between different systems. In the ASCII standard, each character is represented by a unique 7-bit binary number, allowing a total of 128 characters, including letters, numbers, punctuation, and special characters.

Attorney

Someone who is authorized to practice law.

Attorney Deserts

Areas in which rural and low-income Americans are unable to find local legal representation.

Attorney-client Privilege

The principle that keeps communications between attorneys and their clients private. Communications made to and by a lawyer in the presence of a third party may not be entitled to this privilege on grounds that they are not confidential.

B


Billing Admin

Administrative team members who are able to add and remove users for their organizations and create cases.

Breakout Room

Cloud-based conference room system that provides a collaboration experience for virtual participants including remote room management. It allows for discussions within parties.

Broadband

A type of internet connection furnished and managed by your internet service provider. It refers to various high-capacity transmission technologies that transmit data, voice, and video across long distances and at high speeds. Common mediums of transmission include coaxial cables, fiber optic cables, and radio waves. Its importance is far-reaching; it allows for high-quality and quick access to information, teleconferencing, data transmission.

C


Calloquy

Most generally, the term colloquy refers to a formal conversation. In the legal arena, colloquy means a formal though routine conversation between a judge and attorneys. It can also refer to the conversation a judge has with a defendant to assure the judge the defendant understands their rights with respect to a plea.

By changing that first vowel, we aim to make Calloquy synonymous with the formal and routine conversations of the traditional colloquy, albeit via videoconference call.

Civil Procedure

The set of rules which governs the proceedings by which courts conduct civil trials, the judicial resolution of claims by one individual or group of individuals against another.

CLE (Continuing Legal Education)

CLE refers to Continuing Legal Education, which is a mandatory educational requirement for lawyers, attorneys, and legal professionals in many jurisdictions. It involves ongoing professional development and training to ensure that lawyers stay up-to-date with changes in the law, legal practices, and ethics. CLE programs can take the form of seminars, workshops, webinars, and other educational activities designed to enhance legal knowledge and maintain professional competence. The specific CLE requirements vary depending on the jurisdiction and the type of legal practice.

Client

The person or business entity that an attorney represents. Communications between attorney and their client are subject to the Attorney-client privilege.

 

Complaint

Pleading that initiates the legal action and sets forth the general allegations against defendants. Plaintiffs do not argue their entire case in the complaint but set forth claim in a diminished fashion. The complaint is usually served with the summons. In some states, a complaint is called a petition or motion for judgment.

Condensed Transcript

A condensed transcript is the same version of the official transcript but is typically prepared with four pages of transcript on a single printed page.

Counsel

See Legal Counsel/ Counselor below.

Counterclaim

A party to a lawsuit's claims for judicial relief made against an opposing party after the initial complaint has been filed. A party making a counterclaim, usually a Defendant, becomes the Counter Plaintiff and the party against whom a counterclaim is made becomes the Counter Defendant.  

Court Reporter

A Court Reporter, also known as a stenographer, is an essential participant in legal proceedings who records verbatim transcripts of spoken or written communication during court hearings, depositions, trials, or other legal events. Using a stenotype machine or specialized shorthand equipment, court reporters capture spoken words phonetically, allowing them to transcribe speech much faster than traditional typing. Their accurate and detailed transcripts serve as official records of the proceedings and are vital for legal documentation and reference.

Criminal Procedure

Set of rules which govern the proceedings by which municipalities, states and the federal government enforce criminal law.

Cross-claim

A claim brought by a plaintiff against a co-plaintiff, or by a defendant against a co-defendant.

Cybersecurity

Cybersecurity refers to the practice of protecting computer systems, networks, devices, and data from unauthorized access, theft, damage, or disruption. As technology becomes increasingly integrated into various aspects of modern life, the need for robust cybersecurity measures has grown significantly. Cybersecurity professionals employ a range of tools, protocols, and practices to identify and address potential vulnerabilities, prevent cyber-attacks, and respond effectively to security breaches or incidents.

D


Deception Detection

Deception detection, also known as lie detection or truth verification, refers to the process of assessing verbal and non-verbal cues to determine if someone is being deceptive or dishonest. It is often used in forensic investigations, law enforcement interrogations, intelligence analysis, and various other contexts where identifying truthfulness is essential. Techniques for deception detection may include analyzing micro-expressions, changes in vocal tone, body language, and other behavioral indicators that might suggest a person is not telling the truth.

Defendant

The party against whom an action is brought.

Deposition

Oral questions that must be answered under oath. Depositions usually take place out of court, often in an attorney’s office with a court reporter transcribing the testimony. Attorneys from both sides must be present; both have the opportunity to ask questions. Depositions can be for the purpose of questioning the opposing party or for questioning witnesses. 


Digital Divide

The disparity between groups of people who have access to modern information and communications technology and groups of people who do not have such access or have limited access. This disparity exists between socioeconomic groups, geographic groups, demographic groups.

 

Digital Evidence Management 

The collection, storage, management, review, and digestion of the huge amounts of data that accompany litigation. Calloquy knows you already know how to do this. A key component of Calloquy’s videoconferencing platform allows attorneys to effectively manage and preserve the key evidence introduced, annotated, and discussed during virtual depositions or arbitrations. 

 

Digital Literacy

The skills a person needs to live, learn, participate, and work in a society where communication, access to information, and meaningful participation in the civic arena rely on technologies like internet platforms, social media, and mobile devices.

 

Digital Skills

Those abilities that adults should have in order to safely and effectively participate and work in the world, generally identified as 1) Communicating, 2) Handling information and content, 3) Transacting, 4) Problem-solving, and 5) Being safe and legal. 

E


Evidence

Any item a litigant proffers to make the existence of a fact more or less probable; this includes testimony, documents, photographs, videos, tangible objects. Courts do not admit all evidence proffered by litigants; evidence must be admissible under that jurisdiction’s rules of evidence.

Expedited Transcript

An expedited transcript is a transcript that is produced and delivered in a shorter timeframe than the standard turnaround time. Typically, transcripts take some time to be prepared, especially for lengthy transcriptions or legal proceedings. However, an expedited transcript is requested when a quicker delivery is needed, and the transcription service prioritizes its production to meet the tight deadline. Expedited transcripts may incur additional fees due to the prioritized processing.

F


Federal Court

Any court of general or appellate jurisdiction created under authority of the U.S. Constitution or federal statute.  Federal courts generally follow federal rules of civil procedure and evidence.  There are 94 Federal District trial courts, 13 appellate courts, and 1 U.S. Supreme Court.  Additionally, Bankruptcy and U.S. Tax courts are federal courts. 


Federal Rules of Evidence

The rules which govern what evidence is admissible in civil proceedings in U.S. federal courts, generally regarding what evidence is admissible. Generally, to be admissible, evidence must be relevant and not prejudicial, privileged, based on hearsay, confusing, or related too closely to character or reputation. 

 

G


GDPR

The General Data Protection Regulation (GDPR) is the data protection law that applies in the United Kingdom. Enforced in May 2018, GDPR aims to safeguard the privacy and personal data of individuals within the EU, including the UK. It grants individuals greater control over their data by requiring organizations to obtain explicit consent before collecting, processing, or storing personal information. GDPR also mandates data controllers and processors to implement robust security measures to protect data from breaches or unauthorized access. Non-compliance with GDPR can result in severe fines, making it essential for businesses and organizations to adhere to its stringent regulations.

Generative AI

Generative Artificial Intelligence (AI) refers to a class of AI algorithms and models designed to generate new data or content that resembles human-created information. Unlike traditional AI systems that are trained to recognize patterns in existing data, generative AI can create entirely new data based on the patterns it has learned. This type of AI technology has shown significant advancements in various fields, such as natural language processing, computer vision, and creative content generation, and has the potential to revolutionize how AI interacts with and assists human users.

H


Host

The participant who created the meeting. This host (when adding other participants to the meeting) has the option to designate another participant as the host, if desired. Hosts cannot control manually (clicking a button) who may enter the meeting. Participants are added via the dashboard, and they receive an email with a link that they can use to join the meeting. For a non-case-based team meeting, a link is generated in the user interface, and the link must be distributed to participants. The host does not necessarily have inherent permissions to control the meeting regarding tasks involving role-based access permissions such as creating breakout rooms which varies by meeting type.

Hotspot

A physical location where people can access the Internet, typically using Wi-Fi via a wireless local area network (WLAN) with a router connected to an internet service provider.

I


Impeachment

The process of eroding the accuracy and believability of a witness’s testimony. 


Infrastructure Investment and Jobs Act ("Infrastructure Act")

Signed into law by President Biden on November 15, 2021, the $1.2 trillion federal aid package includes provisions to improve transit, highway safety, hazardous materials, and rail programs. The Infrastructure Act also has a provision to deliver $65 billion to help ensure that every American has access to reliable high-speed internet through a historic investment in broadband infrastructure deployment. The legislation will also help lower prices for internet service and help close the digital divide so that more Americans can afford internet access.

J


Jurisdiction

The power of a court, either granted pursuant to subject matter or geography, to hear and try cases and issue orders.

Legal Assistant

A person employed by a lawyer, law office, corporation, or agency, and who performs administrative and support tasks. 


Legal Counsel/Counselor

A lawyer who gives advice about a legal matter and represents clients in court and other legal proceedings. 


Litigant 

The Plaintiff and/or the Defendant in a lawsuit. 

M


Mediation

Mediation is a method of alternative dispute resolution where a neutral party helps parties reach a mutually agreeable outcome to a dispute. 


Mediator

A neutral third party who leads a mediation between parties in a dispute. The mediator may be court-appointed or mutually agreed-upon by the parties. Because mediation is less rigid than litigation and arbitration, the mediator can engage in creative methods to resolve the dispute, like speaking individually to the parties in a breakout room. The mediator works to find points of agreement and attempts to help opposing parties settle a legal dispute by coming to a consensus on their own outside of court.


Meeting Types

.Non-Case-Based Team Meeting; Case-Based Team Meeting; Mediation (see above); Deposition (see above); Arbitration (see above).

Mesh Network

A system in which devices are linked together, branching off other devices or nodes and set up to efficiently route data between devices and clients.

 

N


Negligence

A failure to behave with the level of care that a reasonable person in that position would have exercised under the same circumstances. Allegations of negligence typically give rise to civil tort actions; criminal negligence occurs when someone behaves with extreme recklessness.  

O


Official Transcript

In the context of judicial proceedings, an "official transcript" refers to a verbatim and certified record of the court proceedings. It is a complete and accurate written account of everything said during a trial, hearing, or any other legal proceeding, including the testimony of witnesses, arguments by attorneys, rulings by the judge, and any other relevant discussions.

  • Verbatim Record: An official transcript is a word-for-word transcription of what was spoken during the proceedings. It aims to capture all statements, questions, and responses made by the parties involved in the case.
  • Certification: To be considered official, the transcript must be certified as accurate and complete by the court reporter or transcription service responsible for preparing it. The certification ensures the integrity and authenticity of the document. In most jurisdictions this must be done by a certified court reporter.
  • Legal Admissibility: Official transcripts are often used as crucial pieces of evidence in appellate courts or for legal review. They can be introduced as evidence to support arguments or as a record of what transpired during the original trial. Rough drafts and uncertified transcripts are typically not legally admissible.
  • Request and Production: Parties involved in a case, including attorneys, judges, or individuals seeking an appeal, can request an official transcript from the court reporter or a certified transcription service. Once prepared and certified, the transcript becomes an official court record.
  • Confidentiality and Accessibility: Official transcripts may be available to the public, but certain sensitive information may be redacted or protected to maintain confidentiality, particularly in cases involving minors or classified information.
  • Record Keeping: Official transcripts are an essential part of the court's record-keeping process. They provide a permanent and accurate account of the proceedings for future reference and legal purposes.

Order

A decision or direction issued by a court, administrative, or governing body.

OWASP

OWASP, or the Open Web Application Security Project, is a nonprofit organization focused on improving the security of software applications and web services. OWASP provides valuable resources, tools, and knowledge to developers, security professionals, and organizations, helping them identify and address potential security vulnerabilities and threats in their web applications. Their efforts contribute to enhancing the overall security posture of web-based systems and protecting users from cyberattacks and data breaches.

P


Paralegal

A person, usually someone who has qualified by completing a certification or education program, who is employed by a lawyer, law office, corporation, or agency, and who performs specifically delegated substantive legal work.

Participant

An individual, other than the Host, who accesses or uses the platform services, with or without the permission and knowledge of the Host.

Plaintiff

The party that initiates the suit; the party making the initial claims or allegations.

Pro hac vice

Translated form the Latin, "for the occasion;" the term used for when an attorney becomes authorized to practice law in a jurisdiction in which they are not licensed to practice. Typically, the attorney must do so with a court's permission and with a local lawyer acting as local counsel.

Pro Se Party

A party to a legal proceeding who is not represented by an attorney.

Proofreader

A proofreader is an individual responsible for reviewing and correcting written content for errors in spelling, grammar, punctuation, formatting, and consistency. Their primary goal is to ensure the text is accurate, coherent, and free of mistakes before it is published or distributed. Proofreaders work with various types of documents, including articles, books, marketing materials, academic papers, and more. They play a crucial role in the publishing process, ensuring the quality and professionalism of the final product.

Q


Quash

To nullify or invalidate, as in "quash the subpoena."  

R


Realtime Transcript

A realtime transcript refers to the instantaneous transcription of spoken language as it occurs. It involves a stenographer or a trained professional using a steno machine or specialized transcription software to transcribe speech in real time. The text is immediately displayed on a computer screen or other device, allowing immediate access to the written content. Realtime transcripts are commonly used in live events, courtrooms, conferences, and broadcast captioning for real-time accessibility.

Remote Administrative Proceedings

Any hearing or course of action before an administrative agency where the parties, including the administrative judge, participate from a location outside of the agency or law office.

Remote Judicial Proceedings

Any court-sanctioned hearing or course of action where parties, including a judge, participate from a location outside of a courtroom or law office.

Remote Legal Services

Any work performed by a lawyer for a client done virtually or outside of a courtroom or law office.

Remote Legal Software

Computer programs which permit those involved in litigation to engage in that litigation from a location outside of a courtroom or law office.

Remote Legal Work

Any endeavor within the law field which is done outside of a courtroom or law office.

Rough Transcript

A rough transcript, also known as a draft transcript or unedited transcript, is an initial version of the transcript that may contain errors, inconsistencies, or incomplete sections. It serves as a rough or preliminary record of the spoken content and may require further editing, proofreading, and verification before it is finalized.

S


Scopist

A Scopist is a professional who plays a crucial role in the legal transcription and court reporting process. Working in tandem with court reporters or stenographers, a scopist carefully reviews and edits the stenographic notes or machine shorthand taken during legal proceedings. Their primary goal is to ensure accuracy, correct any errors or inconsistencies in the transcripts, and create a final, polished document that represents a precise account of the court proceedings. Scopists often use specialized software and tools to enhance their efficiency in this critical task.

SOC 2

SOC 2 stands for Systems and Organization Controls 2, which is a compliance framework established by the American Institute of Certified Public Accountants (AICPA). It focuses on the security, availability, processing integrity, confidentiality, and privacy of data stored and processed by service organizations. Companies that provide services handling sensitive client data, such as cloud service providers, third party vendors, and data centers, may undergo a SOC 2 audit to demonstrate their third-party commitment to maintaining a secure and reliable environment for their clients' information.

State Court

A court whcih has general jurisdiction within the specific state's territory; and generally interprets state laws and a state's constitution.

Steno Machine

A steno machine, short for stenotype machine or stenographic machine, is a specialized keyboard-like device used by stenographers or court reporters to transcribe spoken language into written form at a much faster rate than traditional typing. The machine utilizes a phonetic-based shorthand system, allowing the operator to press multiple keys simultaneously to represent whole syllables or words, increasing their transcription speed significantly. Steno machines are commonly used in legal proceedings, closed captioning for live broadcasts, and other contexts where rapid and accurate transcription is essential.

Stenographer

A Stenographer, commonly referred to as a court reporter, is a professional responsible for capturing and transcribing spoken language during various legal or business proceedings. Stenographers use a stenotype machine to input shorthand symbols, which represent phonetic sounds or phrases, resulting in a more efficient recording process compared to traditional typing. Their expertise in shorthand enables them to produce accurate and timely transcripts essential for legal, business, or other professional purposes.

T


Transcript

A transcript is a written or printed record of spoken language or dialogue, typically in the form of a document. It provides a written account of conversations, speeches, legal proceedings, interviews, or any other spoken communication. Transcripts are commonly used for documentation, reference, legal purposes, or accessibility (e.g., providing closed captions for videos).

Translator/Court Interpreter

A person who converts other languages into English for legal proceedings.

V


Videoconference Platform

A set of software and surrounding resources (video-enabled device, internet connection) whereby a user can participate in a face-to-face meeting with one or more people in different locations. 

Videoconferencing

Online technology that allows two or more participants to have live face-to-face meetings in different locations using video-enabled devices.

Videographer

A videographer is a professional who specializes in capturing video footage for various purposes, such as documentaries, films, events, corporate videos, advertisements, and more. They are skilled in operating video cameras, setting up lighting, and recording audio to produce high-quality video content. Videographers may work independently or as part of a team, collaborating with directors, producers, and other crew members to bring the desired visual storytelling to life.

View Version of Evidence

Evidence (e.g., copies circulated electronically) during a deposition or arbitration. If the evidence was annotated in some way, any document or page annotated becomes a new exhibit that must then be filed and/or uploaded to the case file. For instance, if you use a map and invite the witness to draw the path that the automobile followed before it hit the Plaintiff, the copy with the witness marking becomes a new exhibit.

Virtual Deposition Services

The resources which allow litigants to participate in a deposition remotely; this includes court reporting services and a videoconference platform.

Virtual Litigation

Those steps in the process of resolving a dispute through the court system which can be performed using software and a computer, especially over a network.

Voir Dire

The process by which a judge and/or lawyer questions potential jurors from the juror panel to determine their suitability for jury service. It can also refer to the process of questioning witnesses to determine their competence to testify. Voir Dire is French for “to speak the truth."

Wi-Fi

An abbreviation for “wireless fidelity;” Wi-Fi is a wireless networking technology that allows computers, mobile devices, and other equipment to interface with the Internet and exchange information with one another.


Witness

Someone with firsthand knowledge of an event; or a person who testifies under oath during a trial or other legal proceedings, who has first-hand evidence to offer, or expert evidence to provide during a legal proceeding.