Civil Procedure: What Is Civil Procedure?

Front 1

What does the law of civil procedure cover?

Back 1

The stages of a civil action and the procedural devices which correspond to these stages

Front 2

What is the first stage of a civil action?

Back 2

Deciding where to file suit

Front 3

During the first stage of a civil action, a potential plaintiff must consider what about a court?

Back 3

Subject matter jurisdiction, personal jurisdiction, and venue

Front 4

When does a court have subject matter jurisdiction?

Back 4

If the const. and statutes under which the court operates have conferred upon it the power to decide the plaintiff's case

Front 5

Personal jurisdiction?

Back 5

If the constitution , statutes, and cases which govern the court have given the court the power to issue an order or decision which affects the defendent

Front 6

When is a court the "proper venue"?

Back 6

When the statutory rules that govern venue direct that the action be tried in that court

Front 7

What is the second stage of a civil action?

Back 7

Pretrial stage

Front 8

Included in pretrial stage?

Back 8

Pleading, pretrial motions, joining of parties, discovery, pretrial conference, and disposition without trial

Front 9

What is pleading?

Back 9

The process by which the parties provide each other with written notice of their respective claims and defenses

Front 10

Two basic pleadings?

Back 10

Complaint (from plaintiff) and answer (reply from defendant)

Front 11

Pretrial motions?

Back 11

Devices used by a party (usually by def.) to raise objection and/or request clarification of allegations

Front 12

What is discovery?

Back 12

The process through which the parties obtain facts and info about the case from each other

Front 13

Purpose of pretrial conferences?

Back 13

To plan and coordinate the discovery process, schedule dates, clarify issues, and/or settle all or part of the case before the trial date arrives

Front 14

Devices for disposing issues?

Back 14

Voluntary dismissal, involuntary dismissal, default judgments, motion for judgment on the pleadings, and summary judgment

Front 15

What is the third stage of a civil action?

Back 15

The trial itself

Front 16

Which amendment to the U.S. Const. governs the right to a jury trial?

Back 16

The seventh amendment

Front 17

What is a jury pool?

Back 17

A group of potential jurors, selected after questioning, on their capability of reaching unbiased and fair decisions on issues of cases

Front 18

During trial, is the evidence always presented in specific order?

Back 18

Yes, always.

Front 19

What is the correct trial procedure?

Back 19

P and D each have an opportunity to give opening statements, P presents his case, D presents his case. Then, each party an opportunity to rebut the opposing case. After all evidence is presented, closing arguments are made from both parties, followed by the judge instructing the jurors as to the law applying to the case. Finally, the jurors deliberate and reach a verdict.

Front 20

Motion for directed verdict?

Back 20

Motion for judgment as a matter of law ( asks the court to render a judgment on some or all issues in the case without sending these issues to the jury)

Front 21

Motion for judgment notwithstanding the verdict?

Back 21

The renewed motion for judgment as a matter of law (party asks the judge to overturn the jury's decision)

Front 22

Motion for a new trial?

Back 22

Motion that the party move, either before or after the verdict, that the judge grant the party a new trial

Front 23

Three forms of verdict?

Back 23

General verdict, general verdict with interrogatories, and special verdict

Front 24

What is a judgment?

Back 24

The final decision in the case and states the relief, if any, that the parties will be granted based on the jury's verdict

Front 25

What is the fourth and (usually) final stage of a legal action?

Back 25

Enforcement of the judgment and the effect of the judgment on any future litigation

Front 26

Litigation?

Back 26

Any lawsuit or other resort to the courts to determine a legal question or matter

Front 27

Final judgment?

Back 27

Resolves the parties' dispute and establishes their respective rights and responsibilities (states whether the parties are entitled to the relief they have requested in their pleadings

Front 28

Declaratory judgment?

Back 28

A final judgment which resolves a controversy which the parties are having about their respective legal rights and obligations but does not award any relief as a consequence of the court's decision

Front 29

Default judgment?

Back 29

A final judgment rendered when the defendant fails to appear (in person or by a pleading) in the action and defend the claims brought against him

Front 30

Interlocutory judgment?

Back 30

Judgment on an issue in the case which is granted while the litigation of an action is still in progress (only an intermediate judgment and is not a final decision in the case; generally not appealable)

Front 31

Types of relief (requests by P, D, or both) granted by judge?

Back 31

Damages and equitable relief

Front 32

What are damages?

Back 32

Monetary compensation awarded to a party who has suffered an injury to his person, his property, or his legal rights because of the unlawful conduct of another person

Front 33

Compensatory damages?

Back 33

Awarded to compensate a party for his loss

Front 34

Punitive damages?

Back 34

Awarded to a party to punish an individual for his unlawful conduct

Front 35

What is equitable relief?

Back 35

In essence, non-monetary relief; awarded when monetary relief is an inadequate remedy for a party's injuries

Front 36

Examples of equitable relief?

Back 36

Injunctions, specific performance, reformation, accountings, and partition actions

Front 37

Injunction?

Back 37

A court order which commands a party to stop engaging in a specified activity or to remedy a wrong or injury (ex. temporary restraining order)

Front 38

Specific performance?

Back 38

Requires the performance of a contract which a party has breached according to its exact terms

Front 39

Reformation?

Back 39

Used to correct a written contract to reflect the true agreement between the parties to the contract

Front 40

Accountings?

Back 40

Equitable proceedings undertaken to determine the amount of money owed to the plaintiff by the defendant

Front 41

Partition actions?

Back 41

Actions to divide lands held by joint tenants or tenants in common in land

Front 42

Pending fifth stage?

Back 42

The appeal process

Front 43

How is something appealable?

Back 43

The judgment must be final

Front 44

Who sees appeals?

Back 44

The appellate court (the court will review the trial judge's rulings on the law and review the verdict; based on its analysis, the court may affirm or reverse the judgment of the lower court, and sometimes the case altogether