Acct 315 Chapter 4

Front 1

Litigation

Back 1

Refusing to pay someone, therefore they get sued for not paying.

Front 2

Plaintiff

Back 2

Civil action suit. Plaintiff Sues the defendant.

Front 3

Defendant

Back 3

The person against whom a criminal charge is filed by the prosecuting state or federal government.

The plaintiff Sues the defendant.

Front 4

Counterclaim

Back 4

The defendant sueing the plaintiff back.

Front 5

3rd Party Defendant

Back 5

Plaintiff Sue's the defendant and the defendant brings in another defendant, putting the blame on him/her.

Front 6

Standing

Back 6

In order for you to speak in court you must be able to stand. To be able to stand there must be a case or controversy. You have to have a personal steak in the matter. It has to personally affect you. You can't sue on behave of someone else unless they are dead or a minor.

Front 7

Personal Jurisdiction

Back 7

Take them to court where the defendant lives or where the incident happened.

Front 8

Subject Matter Jurisdiction

Back 8

You must take the case to the right court with the right topic. Does the court have jurisdiction over the topic.

Front 9

Class Action Lawsuit

Back 9

When one or more plaintiff uses on their own behalf and on behalf of all other persons who may have a similar claim.

Front 10

Litigation Process & what does it start with?

Back 10

How long a lawsuit takes. Starts with summon and complaint.

Front 11

Summon

Back 11

1 page document summoning you because you are being sued. Document saying you are being sued and where.

Front 12

Complaint

Back 12

Document as to why you are being sued.

Front 13

Pleading

Back 13

Filing something with the court asking for something.

Front 14

Answer

Back 14

If someone files a complaint against you, you must file a response. It's the law to respond.

Front 15

Default

Back 15

If you don't respond to the file complaint against you, you lose by default.

Front 16

Discovery

Back 16

The phase you have to discover the other side. The people you are against. If I send you discovery questions the law is that you have to respond.

Front 17

What does Discovery consist of?

Back 17

-Interogatries

-Request for Documents

-Depositions

Front 18

Interogatries

Back 18

Written questions sent to the other side for discoveries.

Front 19

Request for Documents

Back 19

No surprises, request for evidence paperwork for the case.

Front 20

Depositions

Back 20

Oral testimony, I get to ask you questions about the case, under oath. Depositions are expensive.

Front 21

Motion

Back 21

Move the court, ask them for something. Ask the court to do something. Mostly saying dismiss the case. This is right before the trial.

Front 22

Summary Judgement

Back 22

Seeks a similar conclusion prior to trial. Fritless case. When a judge rules on a claim without a trial.

Front 23

Rule 11

Back 23

Lawyer being fined, judge will terminate case.

Front 24

What does a Trial consist of?

Back 24

-Voir Dire

-Challenge for cause

-Peremptory

-Burden of Proor

-Verdict

-Judge

-Judgment not withstanding the verdict (JNOV)

-Opinion

Front 25

Voir Dire

Back 25

To speak the truth, when you select the jury. To determine their jurability for court of service.

Front 26

Challenge for Cause

Back 26

Challenging that someone should not be on the jury.

(Unlimited)

Front 27

Peremptory

Back 27

Kicking jury out for no reason

(Limited)

Front 28

Burden of Proof

Back 28

Responsibility/Burden beyond all reasonable doubt.

Front 29

Verdict

Back 29

Decision of the jury

Jury-> advisory -> judge

Front 30

Judge

Back 30

The final ruling. Final judgement.

Front 31

Judgement Not Withstanding the Verdict (JNOV)

Back 31

The judge overruling the jury and not in favor of the jury.

Front 32

Opinion

Back 32

Rational for the ruling. Paper of how the judge feels.

Front 33

Levy (Execute)

Back 33

Somebody is holding something that belongs to you. Ability to go to persons bank and get what belongs to them. (Money)

Front 34

Garnish

Back 34

Taking money out of work paycheck and give to you because no money in the bank.

Front 35

Execute Property

Back 35

When you have no money and no job, you take their property.

-judgement paper/money taking lasts 20 years you can renew.

Front 36

Statue of limitations

Back 36

Time runs out, try to dismiss case through motion.

Front 37

Appellant

Back 37

The person that appeals.

Front 38

Appellee

Back 38

The other party in the appealing.

Front 39

Notice

Back 39

Im appealing this case.

Front 40

Brief

Back 40

Argument document you submit for appeal.

Front 41

Oral Argument

Back 41

Argue case about how the other court screwed up.

Front 42

Remand

Back 42

Send case back to court and have another trial.