Chapter 1 - Introduction to Litigation - Terminology Flashcards
appellate court rules that the decision of the lower court should remain the same
affirm
appellate court rules that the decision of the lower court should remain the same with the exception that a particular element should be modified
affirm with modification
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
court decisions interpreting the law
cases
resolution of disputes between private parties through the court system
civil litigation
body of law brought to America by colonists; developed in England from custom and usage and affirmed by English judges and courts
common law
Money damages that compensate the injured party, including damages that flow directly from the injury or breach. May be general or specific
compensatory damages
the document filed with the aggrieved party to commence litigation
complaint
occurs when two or more parties with adverse interests are represented by the same counsel
conflict of interest
highest law of federal or state governments.
constitutions
Litigation decisions that are decided in a court of law
court cases
intermediate appellate court under the federal court system
court of Appeals
monetary compensation requested by the plaintiff from the defendant
damages
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
declaratory relief
failure of a party to respond to the pleadings of the opposite party. Usually when a defendant does not respond to a complaint
default
party who defends an action brought by the plaintiff
defendant
stage in litigation process whereby the parties conduct formal fact investigation through written responses and oral testimony received from the other side
discovery and motion stage
relief requested by the plaintiff from the defendant that is usually designed to prevent some future harm. Distinguished from legal remedy – money damages
equitable remedy
equitable remedy used by the plaintiff to stop certain conduct or actions of the defendant
injunction
generally a request by the plaintiff for money damages from the defendant
legal remedy
resolution of disputes through the court system
litigation
written or oral request made by a party to the court for some order or ruling by the court
motion
party who brings action
plaintiff
formal written document by parties to either start or respond to the litigation. The initial pleading is usually the complaint.
pleading
Motions made after litigation has commenced but before trial begins
pretrial motions
rules providing that certain communications are inadmissible because the communications are deemed to be confidential
privileges
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.
punitive damages
The appellate court rules that the decision of the lower court should be changed.
reverse
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.
reverse and remand
laws enacted by state or federal legislatures, sometimes called codes
statutes
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
summons
motions made by any party either during trial or after trial
trial and post-trial proceedings
court where the complain is filed and litigation commences
trial court
name of the trial court under the federal system
United States District Court
highest appellate court in the federal court system
United States Supreme Court
