Chapter 5 Flashcards
________ is not criminal law.
Civil litigation
What are the 3 stages of civil litigation?
Pretrial, trial, posttrial.
_____ is not using a lawyer.
Pro se
What are the fee arrangements for hiring an attorney?
Fixed fee, hourly fee, and contingency fee.
What is a tort?
A personal, property, financial, or mental injury that was caused by another individual.
What are the settlement considerations?
Time and funds of the client. Determines ability to pay damages. Defendant can settle early or bleed out plaintiff.
What is pleadings discovery?
Gathering evidence
What is motion practice?
Narrowing issues
What is the pleading during pretrial?
Complaint, answer, counterclaim. Seeks facts, allegations, and defenses.
What are the steps of pretrial?
- Pleadings 2. complaint 3. service of process 4. answer 5. counterclaim 6. motions including discovery.
What is the complaint in pretrial (filed by plaintiff)?
Statements or allegations of jurisdiction, legal theory, and remedy. Plausible, more than labels or conclusions. Not a complete picture.
What is the service of process in pretrial?
Defendant notified of the lawsuit, complaint and summons.
What is the answer then counterclaim in pretrial?
Defendant responds to complaint (admit or deny) and/or counterclaims which is when defendant sues plaintiff and the plaintiff answers by filing a reply. No answer to counterclaim means plaintiff seeks default judgment.
What is the motion in pretrial?
Request to the court. Motions include motion in limine (narrowing the evidence), motion to dismiss, motion for judgment on the pleadings, motion for summary judgment (no issue of material fact, facts viewed in favor of non-moving party).
What is discovery in pretrial?
Getting information into the case.
