Chapter 1 - Introduction to Litigation - Terminology

Question 1

appellate court rules that the decision of the lower court should remain the same

Answer 1

affirm

Question 2

appellate court rules that the decision of the lower court should remain the same with the exception that a particular element should be modified

Answer 2

affirm with modification

Question 3

response by the defendant to the plaintiff’s complain, which response admits or denies the various allegations and usually asserts a number of affirmative defenses

Answer 3

answer

Question 4

court decisions interpreting the law

Answer 4

cases

Question 5

resolution of disputes between private parties through the court system

Answer 5

civil litigation

Question 6

body of law brought to America by colonists; developed in England from custom and usage and affirmed by English judges and courts

Answer 6

common law

Question 7

Money damages that compensate the injured party, including damages that flow directly from the injury or breach. May be general or specific

Answer 7

compensatory damages

Question 8

the document filed with the aggrieved party to commence litigation

Answer 8

complaint

Question 9

occurs when two or more parties with adverse interests are represented by the same counsel

Answer 9

conflict of interest

Question 10

highest law of federal or state governments.

Answer 10

constitutions

Question 11

Litigation decisions that are decided in a court of law

Answer 11

court cases

Question 12

intermediate appellate court under the federal court system

Answer 12

court of Appeals

Question 13

monetary compensation requested by the plaintiff from the defendant

Answer 13

damages

Question 14

equitable remedy used by the plaintiff when a controversy arises over the rights and obligations of the parties and neither party is yet in breach of these obligations

Answer 14

declaratory relief

Question 15

failure of a party to respond to the pleadings of the opposite party. Usually when a defendant does not respond to a complaint

Answer 15

default

Question 16

party who defends an action brought by the plaintiff

Answer 16

defendant

Question 17

stage in litigation process whereby the parties conduct formal fact investigation through written responses and oral testimony received from the other side

Answer 17

discovery and motion stage

Question 18

relief requested by the plaintiff from the defendant that is usually designed to prevent some future harm. Distinguished from legal remedy – money damages

Answer 18

equitable remedy

Question 19

equitable remedy used by the plaintiff to stop certain conduct or actions of the defendant

Answer 19

injunction

Question 20

generally a request by the plaintiff for money damages from the defendant

Answer 20

legal remedy

Question 21

resolution of disputes through the court system

Answer 21

litigation

Question 22

written or oral request made by a party to the court for some order or ruling by the court

Answer 22

motion

Question 23

party who brings action

Answer 23

plaintiff

Question 24

formal written document by parties to either start or respond to the litigation. The initial pleading is usually the complaint.

Answer 24

pleading

Question 25

Motions made after litigation has commenced but before trial begins

Answer 25

pretrial motions

Question 26

rules providing that certain communications are inadmissible because the communications are deemed to be confidential

Answer 26

privileges

Question 27

damages given to the plaintiff when the defendant’s conduct is willful or malicious. Meant to punish the wrongdoer and may stack on compensatory damages. Sometimes called exemplary damages.

Answer 27

punitive damages

Question 28

The appellate court rules that the decision of the lower court should be changed.

Answer 28

reverse

Question 29

The appellate court rules that the decision of the court below should be changed and that the case should be sent back to the court for further proceedings.

Answer 29

reverse and remand

Question 30

laws enacted by state or federal legislatures, sometimes called codes

Answer 30

statutes

Question 31

notice accompanying the complaint that commands that the defendant appear and defend against the action within a certain time period or else judgment may be entered against the defendant

Answer 31

summons

Question 32

motions made by any party either during trial or after trial

Answer 32

trial and post-trial proceedings

Question 33

court where the complain is filed and litigation commences

Answer 33

trial court

Question 34

name of the trial court under the federal system

Answer 34

United States District Court

Question 35

highest appellate court in the federal court system

Answer 35

United States Supreme Court