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65 Cards in this Set
- Front
- Back
litigation |
contesting a disputed claim in court |
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Alternative Dispute Resolution |
negotiation, mediation, arbitration |
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negotiation |
ADR in which parties with differing demands reach an agreement civilly |
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mediation |
relatively informal process in which a neutral third party, the mediator helps resolve a dispute. |
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arbitration |
method of resolving disputes in which an objective 3rd party proposes a resolution that the 2 parties are bound by law to accept |
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due process of law |
entitles a party to a civil law suit and to receive notice (pleadings, discovery, trial) |
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pleadings |
written documents that summarize the facts and establish the legal issues of a lawsuit. -filed with court and are served on the parties |
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complaint |
a statement of the basis for the courts jurisdiction, allegations of facts, or demand for relief. -first step -plaintiffs statements of facts |
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cause of action |
facts that, if proven entitle the plaintiff to judicial relief -statutory law and common law establish the elements of a cause of action |
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damages |
a monetary award "legal remedy" |
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class action |
cases involving numerous plaintiffs |
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service of process |
formal delivery of the complaint and a summons to the defendant |
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summons |
orders defendant to appear in court on a certain date |
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personal jurisdiction |
(in personam) courts power and authority to issue a judgement that is binding on the parties. -plaintiff voluntarily submits to its jurisdiction by filing the lawsuit |
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long arm statues |
codes the minimum contacts that subject a nonresident defendant to a state courts jurisdiction -service of process still must be made |
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default judgement |
a ruling in favor of the plaintiff granting the relief requested in complaint |
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answer |
defendants reply to each allegation by admitting or denying the truth of the allegation |
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affirmative defense |
allegation of facts that the law recognizes as a bar to the plaintiffs claim |
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counterclaim |
complaint filed by the defendant against the plaintiff |
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compulsory counterclaim |
legal claims arising from the same facts alleged in the original complaint |
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permissive counterclaim |
concern facts not related to the plaintiffs cause of action |
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crossclaims |
complaints against other parties listed as defendants in the lawsuit |
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third party complaint |
defendant named in original complaint suing someone not named in original claim |
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motion |
application to the court to issue an order on a matter of law |
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motion to dismiss the complaint |
filed by the defendant, usually instead of answering the complaint |
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motion for judgement on the pleadings |
allows the court to rule as a matter of law that one of the parties is entitled to judgement |
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motion for change of venue |
change place of trial |
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discovery |
process in which the parties collect potential evidence |
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interrogatories |
written questions submitted by one party to another party who must provide written answers under oath |
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deposition |
testimony under oath of a person (the deponent) who is examined by (deposed) out of court |
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subpoena |
court order commanding the deponent to appear and present testimony |
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request for production of documents and things |
"discovery tool" a parties written request to another party to produce specified materials in her possession/control for examination & copying |
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request for admission |
a written request from either party asking for the other party to admit certain facts or opinions of facts or the genuineness of specified documents |
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motion for summary judgment |
motion made during discovery of a civil case alleging that no relevant facts are in dispute, allowing judge to decide the case as a matter of law |
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trial |
a formal proceeding in court in which |
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petit jury |
a body of disinterested persons |
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7th amendment |
guarantees a right to a jury trial |
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evidence
` |
legally admissible testimony/ documents offered to prove facts |
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burden of proof |
the duty or obligation to prove the disputed fact or facts constituting a cause of action or affirmative defense |
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trial process |
1. jury selection 2. opening statements 3. presentation of evidence 4. closing arguments 5. instruction to the jury |
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voir dire examination |
procedure by which the potential jurors are questioned under oath to determine whether they are suitable to serve on jury |
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challenges for causes |
disqualification of the potential juror because of business/ personal ties (bias) |
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peremptory challenges |
disqualification of the potential juror for which the party does not state a reason |
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opening statement |
"thesis statement" |
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direct examination |
plaintiff asks questions that are answered by witness |
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cross examination |
further questions concerning the testimony elicited on direct examination |
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exhibits |
approved evidence |
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motion for directed verdict |
requests to make the court to rule as a matter of law that the defendant is entitled to judgement in his favor |
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closing arguments |
analyze info in case |
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jury instruction |
judge explains law to jury |
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verdict |
formal decision of the issues of the case |
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hung jury |
when jury cannot reach a verdict |
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judgement not withstanding the verdict |
requesting court to find as a matter of law that the jury's verdict was incorrect and to enter judgement in favor of moving party. |
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entry of judgement |
decision of a case that will be entered in the court's records |
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appellant |
person who files appeal |
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brief |
written documents summarizing the legal errors in a case for appellate review |
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appellee |
party that is served brief |
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prejudicial error |
a legal error that affect |
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harmless error |
an error that didn't affect fairness to a case |
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affirm |
appellate court determines there are no prejudicial error |
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reverses |
appellate court finds an error and they set aside the judgement entered by trial court |
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remands |
sends case back to trial court |
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res judicata |
("the thing has been decided") final judgement is conclusive |
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collateral estoppel |
prevents relitagation of issues common to two or more claims between the parties |
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Full Faith & Credit Clause |
prevents relitagation of cases previosly decided in other states |