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Criminal Justice 4 > Chapter 11: Litigation > Flashcards

Chapter 11: Litigation Flashcards

1
Q

Affidavit

A

A written or printed declaration of facts made voluntarily and confirmed under oath by the maker to a person with authority to and instep oath.

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2
Q

Affirmative defense

A

A defense raised in an answer relating a new matter as a defense to the complaint.

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3
Q

Allegations

A

Numbered paragraphs setting forth the background and reasons for filling a suit.

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4
Q

Amendment to pleading

A

An amendment to a pleading involves correction of the pleading. The content of the amendment was in existence at the time the original pleading was filed.

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5
Q

Answer

A

A formal written statement by the defendant in lawsuit which answers each allegation contained in the complaint.

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6
Q

Answers to interrogatories

A

A formal written statement by a party to a lawsuit that answers each question or interrogatory propounded by the other party. These answers must be acknowledged before a notary public

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7
Q

Administrator

A

A person appointed by a court to administer an interstate estate.

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8
Q

Appeal

A

A proceeding brought to a higher court to revere a lower courts decision.

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9
Q

Appeal bond

A

A guarantee by the appealing party insuring that court costs will be paid

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10
Q

Appearance

A

Coming into court as a party insuring that court costs will be paid

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11
Q

Appellant

A

The party who takes an appeal from one court or jurisdiction to another.

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12
Q

Appellee

A

The party in a cause against whom an appeal is taken.

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13
Q

Assumption of risk

A

The legal rule under which a person may not recover for an injury he or she receives when voluntarily exposing him or herself to a known danger.

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14
Q

At issue

A

The term used to describe the status of litigation when the complaint and a responsive pleading have been filed.

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15
Q

Attorney client priveledge

A

The privilege that protects confidential communications, oral, written, between the attorneys no a client in the course of the professional relationship that cannot be disclosed without consent of the client

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16
Q

Bench trial

A

Trial by judge rather than jury

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17
Q

Bill of costs

A

A certified, itemized statement of the amount of costs in an action or suit.

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18
Q

Brief

A

A memorandum of material facts, points of law, precedent, etc., prepared to familiarize the court with the facts and the law of particular.

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19
Q

Caption or style

A

The tittle of the case which usually include the name of the court, the names of the parties and the court number.

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20
Q

Cause of action

A

The incident or facts that give a person a right to relief in court.

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21
Q

Challenge for cause

A

A request by a plaintiff or dependent to a judge that a prospective juror not be allowed to be a member of the jury because of specified causes or reasons.

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22
Q

Civil cover sheet

A

A cover sheet required by many courts listing the parties, the type of action, no other information related to the amount of negligence attributable to the plaintiff.

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23
Q

Claimant

A

One who claims or asserts a right.

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24
Q

Closing arguments

A

A summary presented by each party to a case that gives the jury reasons to find in the parties favor.

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25
Comparative negligence
The rule under which negligence is measured by percentage and damages are diminished in proportion to the amount of negligence attributable to the plaintiff.
26
Complaint
The original or limited pleading by which an action is limited in court.
27
Contingency fee
A fee that is a percentage of the amount obtained in negotiation or litigation with another party.
28
Contributory negligence
An affirmative defense that asserts the injuries and damages complained of by the plaintiff were caused I whole or in part but the plaintiffs own negligence
29
Counterclaim
A claim represented by a defendant in opposition to or for deduction from the claim of plaintiff
30
Court of last resort
The highest court in a state that has intermediate courts of appeal, usually called the surpreme court
31
Cross claim
A pleading filed by a defendant to asserts a claim against another defendant arising out of the same action as the original complaint.
32
Cross examination
Questioning of a party by opposing counsel.
33
Default
1. Failure of the defendant to appear or answer the summons and complaint in litigation 2. Failure to comply with the terms of contrast
34
Default judgement
When a party fails to appear or respond to a petition or complaint, judgement can be granted to the opposing party by default.
35
Defendant
1. The person or entity defending or denying a suit | 2. The party against whom recovery is sought or the accused in a criminal case
36
Deposition
Testimony of a witness or a party taken under oath outside the courtroom
37
Direct examination
Questioning of a party to litigation conducted by the party's counsel
38
Discovery
The process by which a party to a lawsuit is entities to obtain facts, documents, and information about the case
39
Dismissal
An order or judgment finally disposing of an action, suit, motion, etc, without trial of the issues involved
40
Empty of appearance
Formal entry of an attorney into a case, presented to the court in pleading form.
41
Equity relief
Relief other than monetary damages, such as a request for performances of a contract or a request that a threatened action be stopped by the court
42
Evidence
Testimony, writings, or material objects offered in proof of an alleged fact or proposition
43
Ex parte
Referring to an action taken without the participation of both parties to litigation. In due course, the other party must be notified of the action. In some instances, ex parte actions are impermissible and disciplinable
44
Exhibit
A paper or document produced and exhibited in court during a trial or hearing or disposition, or to auditors, arbitrators, etc., as a proof of facts that, on being accepted, is marked for identification and annexed to the deposition, report, document, or file of record, or otherwise made a part of the case
45
Expert witness
One to who by reason of education or specialized experience possesses superior knowledge respecting a subject about which persons having no particular training are incapable or forming an accurate opinion or deducing correct conclusions.
46
Failure to state a claim
Affirmative defenses that alleges that the plaintiff failed to state a claim that the court care acquired the defendant to satisfy
47
Fiduciary
A person or institution that manages money or property of another and less exercise a standard of care imposed by law person representatives or executor of an estate trustee etc.
48
File stamp
The stamp place on documents delivered to court in pursuit of legal action the file stamp acknowledges is the date of delivery
49
Filing fee
The fear client by the court for filing various documents
50
Flat feet
A set fee based on a specific type of legal work
51
Hourly billing
Billing based on the time the attorney words and billed at the attorney's hourly rate for such work
52
Hung jury
A jury that cannot reach a verdict | a hung jury results in a mistrial
53
Impeach
Discredit, as a witness for an opposing party
54
Interrogatories
A set or series of written questions served upon a party, witness, or other person having information or interest in the case; A discovery device
55
Judgement
The written decision of the court to an action or suit submitted to the court for determination
56
Judgement creditor
One who is owed money as a result of a judgment in his or her favor
57
Judgement debtor
One who owes money as a result of a judgment your favor of a creditor
58
Judgement proof
I judgment debtor has no assets to season satisfaction of a judgment considering judgment proof
59
Jury
A group of men and women selected according to law and swearing to try a question of fact or indict a person for a public offense
60
Jury trial
Trial before jury, as opposed to trial before a judge
61
Laches
An affirmative defenses that alleges an inappropriate delay in filing suit that resulted in prejudice to the defendant
62
Leave of court
Permission of court to take some action
63
Legal capacity
Refers to whether a person may sue in his or her own right without being represented by someone else
64
Legal file
A transcript of court proceedings submitted as a part of an equal
65
Litigation
A lawsuit, a legal action
66
Majority
Age at which a person is legally no longer a minor.
67
Meditation
No binding settlement discussions between the parties
68
Memorandum opinion
A judgement in which the judge sets out the factual and legal reasons that the judge used to reach the conclusions given in his or her opinion
69
Memorandum opinion
A judgement in which the judgment sets out the factual and legal reasons that the judge used to reach the conclusions given in his or her name.
70
Mistrial
Declared when an event occurs that undies the ability to conduct a fair trial.
71
Money damages
Damages in a case that can be reduced to financial claims
72
Motion
An application made to a court or judge that requests specific relief
73
Motion for continuance
A motion that seeks to postpone a trial or hearing date
74
Motion for instructed or directed verdict
A motion typically made by the defendant lawyers lawyers at the close of evidence presented by the plaintiff, based on the premise that the plaintiff has failed to prove his or her case
75
Motions for judgement Non obstacle veredicto Or not withstanding the verdict
A post trail motion that asks the judge to disregard a jury's verdict
76
Motion for mistrial
A motion that requests immediate dismissal of a case because inadmissible evidence has been presented that irreparably damages one of the parties cases
77
Motion for new trial
A post trial motion that similes prior to requesting an appeal

Criminal Justice 4 (3 decks)

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