Anatomy Of A Lawsuit

Question 1

S1) Complaint

Answer 1

Filed by plaintiff, short statement of facts (cause of action, remedy, summons)

Question 2

Cause of action

Answer 2

Law exists upon which to proceed

Question 3

Remedy

Answer 3

Listed at the end: seek damages in the amount of ($dollar amount)

Question 4

Summons

Answer 4

Notice attached to complaint and tells you where to go and when: plus time frame

Question 5

S2) Answer

Answer 5

Either: Admit, Deny or Neither

Question 6

Admit

Answer 6

I’m guilty

Question 7

Deny

Answer 7

I’m not guilty

Question 8

Neither

Answer 8

Plead the fifth

Question 9

S2) Answer +Counterclaim

Answer 9

Defendant becomes plaintiff, deals with facts after contacts (not just negligence, intentionally went after a person and property

Question 10

S3) Jurisdiction

Answer 10

Federal vs State
Subject Matter 
Contract
Personal
Tort

Question 11

S3) Personal

Answer 11

Power over this defendant

Question 12

S3) Tort

Answer 12

Jurisdiction over tort based on where it occurred

Question 13

Contract

Answer 13

Physical location if they’ve signed in the same place or will list where the dispute will be decided in the contract (based on favorable things for writer)

Question 14

Subject matter

Answer 14

Certain courts can hear only certain things

Question 15

S4) Discoveries

Answer 15

Interrogatories, Deposition, Impeach

Question 16

Interrogatories

Answer 16

Written questions answered under oath

Question 17

Deposition

Answer 17

Person to person, can ask anyone who has any knowledge

Question 18

Impeach

Answer 18

Impair viability of testimony by showing contradiction, deposition vs testimony in court

Question 19

S5) Trial

Answer 19

Opening Statement
Examination/ Cross Examinations
Closing Statement
The Judgement

Question 20

S5) Civil Case

Answer 20

Plaintiff determines if they want a jury

Personal typically want jury while Business cases typically want a judge

Question 21

S5) Criminal Case

Answer 21

Defendant determines if they want a jury

Question 22

Jury

Answer 22

Fact tinder

Question 23

Judge

Answer 23

Giver of law, guides: meeting rules of evidence, qualifications of experts, instructs jury as to the law

Question 24

Appeal

Answer 24

1st Appeal is a matter of Right. Only made my defendant