Beginning Chapters And Lectures (weeks 1-3) Flashcards
The beginning in the life cycle of a case
The complaint and the answer or counter claims along with preliminary motions
Lawsuit
Is a civil case term for the brining of a claim
The middle in the life cycle of a case
The discovery which consists of interrogatories, depositions and admissions. Possible settlement
The end of the life cycle of a case
The pre trial conference which can lead to settlement. Trial, judgement and post judgement motions
Appeal in terms of life cycle of a case
After the trial includes briefs from both sides. Oral arguments and decision
Interrogatories
Written questions for client or witness to answer under oath. Get it in writing to see if answers differ
Depositions
Oral answers under oath which you can monitor before and see if answers differ from interrogatories
Admissions
Facts both sides of a trial agree on.
Like name birthdate etc.
issues not to be litigated in court
Settlement
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
Objections
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
Legal remedy
Money to compensate for damage occurred
Remedies : equitable
Where damages are difficult to quantify, specific performance required.
Very rare want to ask for damages (money)
Specific performance: requires someone to do something
Specific performance
The court demands an action to occur or a job to be finished. Seen more in contracts
Damages
Also known as legal remedies means money
Self Defense
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.
Mutual Combat
When the parties to a fight agree and consent to violence. This defense is no longer available if a party escalates the violence.
Duress, Necessity, compulsion and coercion
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
Duress
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
Necessity
Defendant carried out wrong to avoid some other catastrophe. Like trespassing to avoid a storm.
Compulsion
AN overwhelming or irresistible impulse to commit some action. Is a form of the insanity plea.
Voluntary Intoxication
Is not a legal defense
Involuntary Intoxication
When unknowingly exposed to chemicals or fumes that disturb mental state or mental balance.
Mistake
Defendants actions would have been permissible, but for his legitimate misunderstanding.
Age
In almost all jurisdictions, a child under the age of seven is not responsible for their actions
Insanity
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.
Immunity
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
Privilege
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
Statue of Limitations
The time frame has before can no longer bring a case.
Joint and Several Liability
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
Vicarious Liability
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”
