Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
13 Cards in this Set
- Front
- Back
- 3rd side (hint)
|
who has the burden of proof ?
|
the party bringing an acrion has the obligation to go forward with proof of the burden of rejoinder
|
the plantiff
|
|
|
what is the burden of proof for plaintiff?
|
the plantiff has the burden of proof and must prove that the defendant was negligent.
|
what the defendant did
|
|
|
what is the defendant's burden of proof?
|
to refute the plantiff's evidence
|
|
|
|
prima facie case
|
meaning-proof has been established by or beyond a preponderance
A case that will be won unlessthe other side comes forward with edvidence to disprove it. |
|
|
|
burden of rejoiner
|
the defendant's burden of proof to refute the plantiff's evidence in a lawsuit
|
|
|
|
rebuttal
|
edvidence that disproves what the other party has offered.
|
|
|
|
res lipsa loquitur
|
"The thing speaks for itself"
A rebuttal presumption that a person is negligent. presumption (a conclusion can be changed if contray edvidence is introduced |
|
|
|
demurrer
|
to file a pleading objecting to the sufficiency of the plantiff's complaint, stating that even if everything the plantiff alleges is true, it does not statea cause of action and the caseshould be dismissed
|
|
|
|
motion for summary judgment
|
when a party brings a motion to the court for a judgement in his or her favor, claiming there is no genuine issue as to a material fact to be decided in a case
|
|
|
|
motion to dismiss
|
when a party brings a motion requesting that a case be terminated
|
|
|
|
Specialist
|
A professional who limits his or her work to a particular subject or narrow field within his or her broad field
|
|
|
|
Malpractice
|
A professional's negligent failure to observe the appropriate standard of care in providing services to a client or patient
|
|
|
|
Medical malpractice
|
When a medical provider's treatment of a patient falls below the standard of care and causes injury or death
|
|
