Chapter 3 Flashcards
Pleadings
Statements made by the plaintiff and the defendant in a lawsuit that detail the facts, charges, and defenses involved in the litigation; the complaint and answer are part of the pleadings
Complaint
The pleading made by a plaintiff alleging wrongdoing on the part of the defendant; the document that, when filed with a court, initiates a lawsuit
Service of process
The delivery of the complaint and summons to a defendant
Summons
A document informing a defendant that a legal action has been commenced against him or her and that the defendant must appear in court on a certain date to answer the plaintiffs complaint. The document is delivered by a sheriff or any other authorized person
Default judgment
A judgment entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiffs claim
Answer
Procedurally, a defendants response to the plaintiffs complaint
Affirmative defense
A response to a plaintiffs claim that does not deny the plaintiffs facts but attacks the plaintiffs legal right to bring an action. An example is the running out of the statute of limitations
Counterclaim
A claim made by a defendant in a civil lawsuit that in effect sues the plaintiff
Motion
A procedural request or application presented by an attorney to the court on behalf of a client
Pretrial motions
A written or oral application to a court for a ruling or order, made before trial
Motion to dismiss
A pleading in which a defendant asserts that the plaintiffs claim fails to state a cause of action or other reasons a lawsuit should be dismissed
Motion for judgment on the pleadings
A motion by either party to a lawsuit at the close of the pleadings requesting the court to decide the issue solely on the pleadings without proceeding to trial. The motion will be granted only if no facts are in dispute
Motion for summary judgement
A motion requesting the court to enter a judgment without proceeding to trial. The motion can be based on evidence outside the pleadings and will be granted only if no facts are in dispute
Affidavits
A written or printed voluntary statement of facts confirmed by the oath or affirmation of the party making it and made before a person having the authority to administer the oath or affirmation
Discovery
A phrase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial
Deposition
The testimony of a party to a lawsuit or a witness taken under oath before a trial
Impeach
To challenge the credibility of a persons testimony or attempt to discredit a party or witness
Interrogatories
A series of written questions for which written answers are prepared and then signed under oath by a party to a lawsuit, usually with the assistance of the party’s attorney
E-evidence
A type of evidence that consists of electronically recorded info including email, voicemail, spreadsheets, word processing documents, and other data
Metadata
Data that are automatically recorded by electronic devices and provide info about who created a file and when and who accessed, modified, or transmitted it on their hard drives. Data about data.
Pretrial conference
A conference scheduled before the trial begins, between the judge and the attorneys litigating the suit. The parties may settle the dispute, clarify the issues, schedule discovery and so on
Voir dire
In French means to see, to speak.
When the attorneys select the jury
Opening statements
A statement made to the jury at the beginning of a trial by a party’s attorney. Briefly outlines the evidence that will be offered and the legal theory that will be pursued
Rules of evidence
Rules governing the admissibility of evidence in trial courts.
Relevant evidence
Evidence tending to make a fact at issue in the case more or less probable than it would be without the evidence, only relevant evidence is admissible in court.
Hearsay
An oral or written statement made out of court that is later offered in court by a witness to prove the truth of the matter asserted in the statement. Generally inadmissible as evidence.
Direct examination
The examination of a witness by the attorney who calls the witness to the stand to testify on behalf of the attorney’s client
Cross examination
The questioning of an opposing witness during a trial
Motion for a judgment as a matter of law/motion for a directed verdict
In a federal court, a party’s request that the judge enter a judgment in her or his favor before the case is submitted to a jury because the other party has not presented sufficient evidence to support the claim. In state courts, it’s called motion for a directed verdict
Rebuttal
The refutation of evidence introduced by the other party’s attorney
Rejoinder
The defendants answer to the plaintiffs rebuttal
Closing argument
An argument made after each side has rested their cases. Made prior to the jury charges
Verdict
A formal decision made by the jury
Motion for a new trial
A motion asserting that the trial was so fundamentally flawed (error, new evidence, prejudice, etc) that a new trial is necessary to prevent a miscarriage of justice
Motion for judgment N.O.V
A motion requesting the court to grant judgment in favor of the party making the motion on the ground that the jury verdict against him or her was unreasonable and erroneous
“Not withstanding verdict”
Brief
A formal legal document submitted by the attorney for the appellant to an appellate court when the case is appealed. Outlines the facts and issues of the case, the judges ruling or jury’s findings that should be reversed or modified
writ of execution
A courts order, after a judgement has been entered against the debtor, directing the sheriff to seize and sell any of the debtors nonexempt real or personal property. The proceeds of the sale are used to pay off the judgment, accrued interest, costs of the sale. Any surplus paid to the debtor
Federal rules of civil procedure
The rules controlling procedural matters in civil trials brought before the federal district courts
