Glossary

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:

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.

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.

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.

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.

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.

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.

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 is a person who documents and transcribes verbatim live testimony during court proceedings, such as hearings, trials, sworn statements, and depositions.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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."

Must-know terms for the remote litigator

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ADR