Anatomy Of A Lawsuit Flashcards
S1) Complaint
Filed by plaintiff, short statement of facts (cause of action, remedy, summons)
Cause of action
Law exists upon which to proceed
Remedy
Listed at the end: seek damages in the amount of ($dollar amount)
Summons
Notice attached to complaint and tells you where to go and when: plus time frame
S2) Answer
Either: Admit, Deny or Neither
Admit
I’m guilty
Deny
I’m not guilty
Neither
Plead the fifth
S2) Answer +Counterclaim
Defendant becomes plaintiff, deals with facts after contacts (not just negligence, intentionally went after a person and property
S3) Jurisdiction
Federal vs State Subject Matter Contract Personal Tort
S3) Personal
Power over this defendant
S3) Tort
Jurisdiction over tort based on where it occurred
Contract
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)
Subject matter
Certain courts can hear only certain things
S4) Discoveries
Interrogatories, Deposition, Impeach
Interrogatories
Written questions answered under oath
Deposition
Person to person, can ask anyone who has any knowledge
Impeach
Impair viability of testimony by showing contradiction, deposition vs testimony in court
S5) Trial
Opening Statement
Examination/ Cross Examinations
Closing Statement
The Judgement
S5) Civil Case
Plaintiff determines if they want a jury
Personal typically want jury while Business cases typically want a judge
S5) Criminal Case
Defendant determines if they want a jury
Jury
Fact tinder
Judge
Giver of law, guides: meeting rules of evidence, qualifications of experts, instructs jury as to the law
Appeal
1st Appeal is a matter of Right. Only made my defendant
