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36 Cards in this Set
- Front
- Back
Witness |
A person who is eggs to testify under olds at a trial |
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Judgement |
The court's final decision regarding the rights and claims of the parties to a lawsuit |
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Settlement |
An out-of-court resolution of the dispute |
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Federal Rules of Civil Procedure |
The rules controlling are procedural matters in a civil trial brought before the federal district courts |
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Complaint |
Cleaning made by the planet or a charge made by the state of Legends wrongdoing on the part of the defendant |
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Pleadings |
Statements by the plaintiff and defendant that details the fax charges and defenses involved in the litigation |
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Docket |
The list of cases entered on a court's calendar in the schedule to be heard by the court |
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Allegation |
A party statement playing or assertion may end up leading to the court. The allegation sets forth the issues at the party expect to prove |
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Prayer for relief |
A statement at the end of the complaint requesting that the court grant relief to the plaintiff |
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affidavit |
A written statement of facts confirmed by the oath or affirmation of the party making it and made before a person having the authority to administer the oath or affirmation |
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Electric filing system (e-filing) |
An online system that enables attorney to file cases documents with courts 24 hours a day 7 days a week I |
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Service of process |
The delivery of the summons and the complaint to a defendant |
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Summons |
A document serves on a defendant and a lawsuit informing the defendant that a legal action has been commenced against him or her and that the defendant must appear in court or respond to the plaintiff's complaint within a specific period Of time |
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Return of service form |
A document signed by a process server and submitted to the court to prove that a defendant received a summons |
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Default judgement |
A judgment entered by a clerk of court against the party who has failed to appear in court to answer or defend against a claim that has been brought against him or her by another party |
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Answer |
A defendant's response to a plaintiff's complaint |
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Affirmation defense |
a response to a plaintiff's claim that does not deny the planets back but a text the plane is legal right to bring an action |
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Counterclaim |
A claims made by a defendant in a civil lawsuit against the places. In effect a counter claiming defendant is suing the plaintiff |
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Cross claim |
A claim asserted by a defendant in a civil lawsuit against another defendant or buy a plaintiff against another plaintiff |
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Motion |
A procedural request or application presented by an attorney to the court on behalf of a client |
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Motion |
A procedural request or application presented by an attorney to the court on behalf of a client |
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Motion to dismiss |
A motion filed by the defendant in which the defendant ask the court to dismiss the case for a specified reason such as an improper service lack of personal jurisdiction or the plaintiffs failure to state a claim for which relief can be granted |
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Supporting affidavit |
An affidavit accompanying a motion that is filed by an attorney on behalf of his or her client. The sworn statements in the affidavit provide a factual basis for the motion |
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Memorandum of law |
A document that delineates the legal theories statues in cases on which a motion in space |
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Discovery |
Formal investigation prior to trial. Opposing parties use various methods such as interrogations and depositions to obtain information from each other and from witnesses to prepare for trial |
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Privileged information |
Confidential communications between certain individuals such as an attorney and his or her clients that are protected from disclosure except under court order |
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Interrogation |
A series of written questions for which written questions are prepared and then sign under old by a party to a lawsuit |
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Deposition |
A pretrial question and answer preceding usually conducted orally and which a party or witness answers and attorneys question. The answers are given under oath and the session is recorded. |
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Deponent |
A party or witness who testifies under oath during a deposition |
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Subpoena |
A document commanding a person to appear at a certain time and place to give testimony concerning a certain matter |
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Deposition transcript |
The official transcript of the recording taken during a deposition |
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Impeach |
To call into question the credibility of a witness by challenging the truth or accuracy of his or her trial statement |
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Discovery plan |
A plan formed by the attorneys litigating a lawsuit on behalf of their clients that indicates the types of information that will be disclosed by each party to the other prior to the trial the testimony and evidence that each party will or may introduce at trial and the general schedule for pretrial disclosure and events |
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Metadata |
Embedded electronic data recorded by a computer in association with a particular file including location past creator date created date last assessed hidden notes earlier versions passwords and formatting. Metadata reveal information about how when and whom a document was created accessed modified and transmitted |
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Chain of custody |
A series describing the movement and location of evidence from the time it is obtained to the time it is presented in court. The court requires that evidence be preserved in the condition in which it was obtained if it is not to be admitted into evidence at trial. |
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Motion for summary judgment |
Emotion that may be filed with either party in which the party ask the court to enter judgement and his or her favorite without a trial. A motion for summary judgment can be supported by evidence outside completing such as a Witnesses affidavits answers to interrogatories and other evidence obtained prior to ordering discovery. |