Chapter 3 -Civil Procedure

Question 0

What is a class action?

Answer 0

involves multiple plaintiffs and defendants. It is a lawsuit against a large entity.

Question 1

Describe the difference between Substantive law and Procedural law?

Answer 1

Substantive law is the right between parties

Procedural law is the court’s rules and guides of a lawsuit

In other words, procedural rules guide substantive laws in a resolution.

Question 2

What is the difference between ligation and jurisdiction?

Answer 2

Ligation is the legal proceeding that accompany a lawsuit such as filing or discovery

Jurisdiction is the legal authority to make decisions such as subject matter and diversity jurisdiction.

Question 3

What are the steps of the pretrial phase of a lawsuit?

Answer 3

Commencement of a lawsuit and the discovery period.

Question 4

Describe the steps of a commencement of a lawsuit?

Answer 4

The plaintiff files a lawsuit against the defendant via ‘complaint’.

A notice is given to the defendant via a ‘summon’.

The defendant must respond via an ‘answer’ by denying, admitting, or dismissing it.
Failure to do so will result in a ‘default judgement’

Question 5

What is a pleading and who is responsible for it?

Answer 5

Pleadings are the documents made by the parties including complaints and answers.

It is the responsibility of the ‘clerk of court’; the gov official

Question 6

Following commencement of a lawsuit is the discovery stage. Briefly explain it.

Answer 6

Discovery is the period leading to trial that allows parties to discover info about each other through:
discoverability/admissibility, subpoena, interrogatories, production of documents, physical/mental examination, and request for admissions.

Question 7

Differentiate between the different types of subpoenas?

Answer 7

Subpoena Duces Tecum:
custodian personally appears and produce documents

Subpoena Ad Testificandum:
Seek’s an individuals testimony

Question 8

Name some elements of a valid subpoena?

Answer 8

• Name of court
• Name of plaintiff & defendant
• Case #
• Date, time, place of appearance
• Information commanded; testimony or documents
• Name of attorney
• Signature/stamp of court or authorized judge

Question 9

If a person decided to object the subpoena, what is the time frame?

Answer 9

A person may write an objection within 14 days of being served with the subpoena.

Question 10

How should the preparation of document for a subpoena duces tecum be done?

Answer 10

After verifying the validity of the subpoena, and patient’s authorization;

• examine health record complete
• patient’s name is on every page
• remove material that is not requested
• number of pages
• photocopy the record
• personally deliver it & obtain receipt

Question 11

What is the purpose of the pretrial conference?

Answer 11

the parties and their attorneys meet with the court to discuss the status of the case, upcoming trial, and settlement negotiations

Cases can be settled before it reaches trial saving time, money, and emotional hardship on the parities.

Question 12

Who determines the # of jurors seated?

Answer 12

FRCP for federal cases

SRCP for state cases

Question 13

What is a hostile or adverse witness?

Answer 13

A witness who is called to stand during the trial

Question 14

What is the difference between a lay witness and expert witness?

Answer 14

Lay witness testify based on their own observations

Expert witness testify based on subject matter

Question 15

What is the court reporter and bailiff’s jobs?

Answer 15

The court reporter is responsible for providing verbatim transcript of the trial

The bailiff is responsible for maintaing order in the court and schedule of the judge.

Question 16

What are the types of damages and give example?

Answer 16

Nominal damages: (no actual damage)
award recognizing the wrongdoing by the defendant ‘in-name’
>ex: defendant has walked across a neighbor’s property but the plaintiff did not suffer any harm from the trespass

Compensatory damage: (actual damage):

• Economic: medical expenses, $
• Noneconomic: emotional: pain and suffering; difficult to quantify. Plaintiff put high $ amounts

Punitive damages:
exceed compensatory damages $$ and intend to punish the defendant

Question 17

Distinguish between appeal, appellant, appellee, and cross appeal.

Answer 17

Appeal: based on alleged errors of law rather then errors of fact

Appellant: party appealing a case (aka petitioner); like the plaintiff

Appellee: party against the appealed case (aka respondent); like the defendant

Cross appeal: both the respondent and petitioner file an appeal.

Which takes it to the next level; from a trial court to an appellate court

Question 18

Describe the final stage of ligation?

Answer 18

The final step of ligation is the collection of judgement. Judgements may be:
-equity: defendant is not required to do anything

• garnishment of wages: % of defendant’s wages put aside to pay the plaintiff
• writ if execution: seize defendant’s personal property to owe the plaintiff
• judgement lien: prevents the defendant from taking any money from his property