Chapter 3 business law Flashcards
complaint
the initial document that starts the lawsuit by setting forth the plaintiffs claims
prayer for relief
A claim by the plaintiff for damages sought from the defendant
damages
loss suffered by the plaintiff typically expressed in terms of money
specific performance
a non monetary remedy available in certain cases whereby the defendant is ordered to perform the specific act agreed to in a contract
injunction
an order by a court to a party to do something or to stop doing something
irreparable harm
a type of injury that cannot be corrected by money or putting things back to where they were
frivolous
lacking in legal merit
default judgement
a judgement entered against a party for misconduct or failure to answer
lead plaintiffs
in a class - action suit the representative plaintiffs of the case
class-action
describes a lawsuit in which a representative plaintiff represents an entire class of similarly situated plaintiffs against the defendant
answer
the defendants written response in civil suit to the plaintiffs complaint
affirmative defense
a defense that does not deny the defendants actions but provides a reason or justification, such as self defense
pleadings
the complaint, answer and any supporting documents
statute of limitations
a defined time limit under which a legal action must commence or be forever barred
toll
a temporary halting of the clock in calculating whether the statue of limitations has run out
affidavit
a sworn statement in writing made under oath
discovery
the method used in civil and criminal cases to obtain information about each party’s case
interrogatory
written questions posed by a party to another party during discovery
spoliation
destruction of key evidence in a trial
request for admission
a set of statements posed by one party to another for purposes of having the other party admit or deny the statements, to narrow the scope of facts to be tried
stipulation
an agreement made between opposing parties in litigation
deposition
a statement by a party or witness made under oath
impeached
to challenge the credibility of a witness to tell the truth
e-discovery
discovery involving electronically stored information
