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50 Cards in this Set
- Front
- Back
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Pleadings |
The written statements of fact and law filed with a court by the parties to a lawsuit |
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Complaint |
The first pleading filed by a plaintiff that initiates a lawsuit |
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Demurrer |
A pleading filed by a defendant challenging the legal sufficiency of a complaint |
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Answer |
A pleading that admits or denies the specific allegations set forth in a complaint and constitutes a general appearance by a defendant |
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Bill of Particulars |
A request for a written itemization of the claims |
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Plaintiff |
The person who initiates an action by filing a complaint |
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Defendant |
There person against whom a lawsuit is brought |
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Summons |
An order to appear before a judge |
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Counterclaim |
Generally filed with the answer denying the plaintiff's claims by alleging that it was the plaintiff and not the defendant who committed a wrongful act |
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Discovery |
The process of investigating that facts of a case before trial |
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Attorney-Client Privilege |
Protects confidential communications between a client and his or her attorney |
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Examination Before Trial (EBT) |
One of several discovery techniques used to an able the parties of a lawsuit to learn more regarding the nature and substance of each other's case |
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Deposition |
A method of pretrial discovery that consists of statements of fact taken by a witness under the oath in a question-and-answer format |
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Motion for Summary Judment |
Can be made when either party to a lawsuit might believe that there are no triable issues of face and only issues of law need to be decided |
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Pretrial Conference |
An informal discussion during which the judge and the attorneys eliminate matters not in dispute, agree on the issues, and settle procedural matters relating to the trial |
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Motion to Dismiss |
Defendant alleges plaintiff's complaint does not set forth a claim or cause of action recognized by law |
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Notice of Trial |
Formal notification by a court to the parties involved in a lawsuit, informing them of the scheduled trial date |
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Memorandum of Law |
Presents to the court the nature of the case, cites case decisions substantiate arguments, and aids in the court regarding points of law |
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Voir Dire |
The examination of jurors |
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Subpoena |
A legal order requiring the appearance of a person and/or the presentation of documentations to a court or administrative body |
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Subpoena Ad Testificandum |
Orders the appearance of a person at a trial or other investigative proceeding to give testimony |
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Subpoena Duces Tecum |
A written common to bring records, documents, or other evidence described in the subpoena to a trial or other investigative proceeding |
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Burden of Proof |
In a civil case, the obligation of the plaintiff to persuade the jury regarding the truth of his or her case |
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Res Ispa Loquitur |
The legal doctrine that shifts the burden of proof in a negligence case from the plaintiff to the defendant (the thing speaks for itself) |
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Evidence |
Consists of the facts proved or disproved during a lawsuit |
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Direct Evidence |
Proof offered through direct testimony |
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Demonstrative Evidence |
Proof furnished by things themselves |
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Documentary Evidence |
Written information that is capable of making a truthful statement |
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Judicial Notice Rule |
Prescribes that well-known facts need not be proven, but rather are recognized by the court as fact |
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Hearsay Evidence |
Based on what another has said or done and is not the result of the personal knowledge of the witness |
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Ignorance of the Law |
Arguing that a negligent act is unintentional |
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Assumption of a Risk |
Knowing that a danger exists and voluntarily accepting the risk by exposing oneself to it, aware of the harm that might occur |
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Contributory Negligence |
Occurs when a person does not exercise reasonable care for hit or her own safety |
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Comparative Negligence |
Provides that the degree of negligence or carelessness of each party to a lawsuit must be established by the finder of fact and that each party then is responsible for his or her proportional share of any damages awarded |
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Good Samaritan Statutes |
Relieve physicians, nurses, dentists, and other healthcare professionals, and, in some instances, laypersons, from liability in certain emergency situations |
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Borrowed Servant Doctrine |
Special application of the doctrine of respondeat superior and applies when an employed lends an employee to a mother for a particular employment |
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Captain of the Ship Doctrine |
An assignment of liability based on the theory of who had actual control over the patient in a modern operating room |
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Statute of Limitations |
Refers to legislatively imposed time constraints that restrict the period of time after the occurrence of an injury during which a legal action must be commenced |
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Sovereign Immunity |
Refers to the common-law doctrine by which federal and state governments historically have been immune from liability for harm suffered form the tortious conduct of employees |
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Intervening Cause |
Arises when the act of a third party, independent of the defendant's original negligence conduct, is the proximate cause of injury |
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Closing Statements |
Provide attorneys with an opportunity to summarize for the jury and the court what they have proven |
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Nominal Damages |
Awarded as a mere token in recognition that wrong has been committed when the actual amount of compensation is insignificant |
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Compensatory Damages |
Estimated reparation in money for detriment or injury sustained |
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Hedonic Damages |
Awarded to compensate an individual for the loss of enjoyment of life |
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Punitive Damages |
Additional money awards authorized when an injury is caused by gross carelessness or disregard for the safety of others |
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Joint and Several Liability |
Permits the plaintiff to bring suit against all persons who share responsibility for the plaintiff's injury |
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Joint Tort-Feasors |
Two or more persons who either act together in committing a wrong or whose independent acts cause the plaintiff's injury |
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Deep-Pockets Theory |
Who has the most pays the most |
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Joint Liability |
Based on the concept that all joint or concurrent tort-feasors are actually independently at fault for their own wrongful acts |
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Several Liability |
Each party to a lawsuit is liable only to the degree he or she has been determined to have contributed to the injury |
