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40 Cards in this Set

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Litigation
The process of bringing, maintaining, and defending a lawsuit
Pleadings
The paperwork that is filed with the court to initiate and respond to a lawsuit.
ex) complaint, the answer, the cross-complaint, the reply.
Plaintiff
The party who file the compaint.
Complaint
The doucument the plaintiff files with the court and serves on the defendant to initiate a lawsuit
Summoms
A court order directing the defendant to appear in court and answer the complaint.
Answer
The defendat's written responses to the plaintiff's complaint that is filed with the court and served on the plaintiff
Cross-complaint
A document filed by the defendant against the plaintiff to seek damages or some other remedy.
Reply
A document filed by the original plaintiff to answer the defendant's cross-complaint.
Intervention
The act of others to join as parties to an existing lawsuit
Consolidation
The act of others to join as parties to an existing lawsuit.
Statue of limitations
A statue that establishes the period during which a plaintiff must bring a lawsuit against a defendant
Discovery
A leagal process during which each party engages in various activities to discover facts of the case from the other party and witness prior to trial.
Deposition
Oral testimony given by a party or witness prior to trial. The testimony is given under oath and is transcribed.
Deponent
The party who gives his deposition
Interrogatories
Written questions submitted by one party to another party. The questions must be answered in writing within a stipulated time.
Production of the documents
A request by one part to another party to produce all documents relevant to the case prior to the trial.
Physical or mental examination
A court-ordered examination of a party to a lawsuit before trial to determine the extent of the alleged injuries.
Motion for summary judgement
A motion that asserts that there are no factural disputes to be decided by the jury and that the judge can apply the proper law to the undisputed facts and decide the case without a jury. These motions are supported by affidavits, documents, and deposition testimony.
Motion for summary judgment, which can be made by either party, are supported by evidence outside the pleadings.
Settlement conference
A hearing before a trial in order to facilitate the settlement of a case.
Also called a pretrial hearing
Trier of fact
The jury in a jury trial; the judge where there is not a jury trial
Voir dire
The process whereby prospective jurors are asked questions by the judge and attorneys to determine whether they would be biased in their decision.
Jury instructions
Instructions given by the judge to the jury the inform them of the law to be applied in the case.
Appeal
The act of asking an appellate court to overturn a decision after the trial court's final judgement has been entered.
Appellant
The appealing party in an appeal.
Alson know as the petitioner.
Apellee
The responding party in an appeal.
Also known as the respondent.
Alternative dispute resolution (ADR)
Methods of resolving disputes other than litigation.
Arbitration
A form of ADR in which the parties choose an impartial third party to hear and decide the dispute
Arbitration clause
A clause in a contract that requires disputes arising out of the contract to be submitted to arbitration.
Federal Arbitration Act (FAA)
A federal statue that provides for the enforcement of most arbitration agreements.
Mediation
A form of ADR in which the parties choose a neutral third party to acgt as the mediator of the dispute.
Conciliation
A form of mediation in which the parties choose an interested third party to act as the mediator of the dispute
Pretrial Litigation Process
Pleadings, discovery, dismissals, pretrial judgments, settlement conference.
Answer
Default judgment: if the dependent does not answer the complaint
Affirmative defense: defendant’s answer can assert. (self-defense, statute of limitations)
Discovery
1.Deposition
2.Interrogatories
3.Production of documents
4.Physical and mental examination
Motion for judgment on the pleadings
The judge cannot consider any facts outside the pleadings.
Two major pretrial motion
1.Motion for judgment on the pleadings
2.Motions for summary judgment
Phase of a trial
1.jury selection: voir dire (to speak the truth)
2.opening statement: burden of proof
3.the plaintiff’s case: direct, cross, redirect examination
4.the dependant’s case: (1) rebut the plaintiff’s evidence (2) prove any affirmative defenses asserted by defendant (3) prove any allegations contained in the defendant’s cross-complaint (re-direct, re-cross-examination)
5.rebuttal and rejoinder: (Rebuttal) the plaintiff’s attorney can call witness and put forth evidence to rebut the defendant’s case. (Rejoinder) the defendant’s attorney call additional witness and introduce other evidence to counter the rebuttal.
6.closing arguments
7.jury instructions
8.jury deliberations
9.entry of judgment: Judgment notwithstanding the verdict (j.n.o.v)- the court may overturn the verdict if it finds bias or jury misconduct.
Remittitur: in the civil case, the judge may reduce the amount of monetary damages awarded by the jury if he finds the jury to have been biased, emotional, or inflamed.
Alternative dispute resolution
Arbitration, mediation, conciliation, minitrial, fact-finding, judicial referee.
Fact-finding
A process whereby the parties hire a neutral person to investigate the dispute.
Judicial referee
Referees, who are often retired judges , have most of the powers of trial judges and their decisions stand as judgments of the courts.