Beginning Chapters And Lectures (weeks 1-3)

Question 0

The beginning in the life cycle of a case

Answer 0

The complaint and the answer or counter claims along with preliminary motions

Question 1

Lawsuit

Answer 1

Is a civil case term for the brining of a claim

Question 2

The middle in the life cycle of a case

Answer 2

The discovery which consists of interrogatories, depositions and admissions. Possible settlement

Question 3

The end of the life cycle of a case

Answer 3

The pre trial conference which can lead to settlement. Trial, judgement and post judgement motions

Question 4

Appeal in terms of life cycle of a case

Answer 4

After the trial includes briefs from both sides. Oral arguments and decision

Question 5

Interrogatories

Answer 5

Written questions for client or witness to answer under oath. Get it in writing to see if answers differ

Question 6

Depositions

Answer 6

Oral answers under oath which you can monitor before and see if answers differ from interrogatories

Question 7

Admissions

Answer 7

Facts both sides of a trial agree on.
Like name birthdate etc.
issues not to be litigated in court

Question 8

Settlement

Answer 8

The process of determining a monetary amount or appropriate action that both sides agree on. Most cases end in settlement. Judges demand a settlement offer to be on the table for most cases

Question 9

Objections

Answer 9

Made in court during trial which the attorneys can use to ask for appeal. Id you didn’t object you can’t ask for an appeal on it

Question 10

Legal remedy

Answer 10

Money to compensate for damage occurred

Question 11

Remedies : equitable

Answer 11

Where damages are difficult to quantify, specific performance required.
Very rare want to ask for damages (money)
Specific performance: requires someone to do something

Question 12

Specific performance

Answer 12

The court demands an action to occur or a job to be finished. Seen more in contracts

Question 13

Damages

Answer 13

Also known as legal remedies means money

Question 14

Self Defense

Answer 14

When a person uses force to protect themselves from an attack. Response must be equal to threat. (If someone comes at you with a knife you cant claim self defense by using a gun) Self Defense is not a defense for aggressors and martial artists. Can claim self defense when protecting others but must first witness the harm and be fully aware of the situation.

Question 15

Mutual Combat

Answer 15

When the parties to a fight agree and consent to violence. This defense is no longer available if a party escalates the violence.

Question 16

Duress, Necessity, compulsion and coercion

Answer 16

When a defendant raises any of the defenses of duress, necessity, complusion and coercion, the defendant is admitting that he committed the action but that he had no choice in the matter. q

Question 17

Duress

Answer 17

When the defendant uses force, threat, or intimidation to overcome the plaintiff’s will or to compel the plaintiff to do/not do some action

Question 18

Necessity

Answer 18

Defendant carried out wrong to avoid some other catastrophe. Like trespassing to avoid a storm.

Question 19

Compulsion

Answer 19

AN overwhelming or irresistible impulse to commit some action. Is a form of the insanity plea.

Question 20

Voluntary Intoxication

Answer 20

Is not a legal defense

Question 21

Involuntary Intoxication

Answer 21

When unknowingly exposed to chemicals or fumes that disturb mental state or mental balance.

Question 22

Mistake

Answer 22

Defendants actions would have been permissible, but for his legitimate misunderstanding.

Question 23

Age

Answer 23

In almost all jurisdictions, a child under the age of seven is not responsible for their actions

Question 25

Insanity

Answer 25

Defendant claims that he is not legally responsible for his actions because at the time the defendant did not know the difference between right and wrong. Legally insane people can not pay judgments but can be found liable. Note: Someone can be mentally disturbed but not insane.

Question 26

Immunity

Answer 26

An exception or privilege granted by the law to an action to an actions that would ordinarily result in a cause of action. Usually protects government employees

Question 27

Privilege

Answer 27

A protection or advantage given to a class of persons for actions taken by them. Agree that they did commit act, but that act is protected

Question 28

Statue of Limitations

Answer 28

The time frame has before can no longer bring a case.

Question 29

Joint and Several Liability

Answer 29

When two or more defendants are found liable to a plaintiff the doctrine of contribution is triggered. Contribution is the process through which one defendant is reimbursed by other defendants when his payment exceeds his share of liability

Question 30

Vicarious Liability

Answer 30

Employer/Employee Liability. And employer is liable for anything an employee does on or with business property while on company time, The exception to this is when the employee goes off to “frolic and detour”