Chapter 5 Flashcards
What are the three stages of litigation
Pre trial, trial, and post trial
A pre-trial procedure to inform each party of the other’s claims, reveal facts, and specify issues involved. The is where the complaint and answer are heard
pleading
Pre trial procedure where the plantiff’s lawyer the law suit with a a filing that contains Jurisdiction, Legal theory, and remedy.
Complaint
Formally notifying the defendant of a lawsuit
Service of process
A notice informing the defendant they must appear in court
summons
Occurs when the defendant fails to answer a complaint.
Default judgement
When a defendant is aware that the lawsuit is being filed and is willing to waive their right to be served.
Waiver of formal service of process
When a defendant admits or denies the complaint
answer
When a defendant admits the complaint but claims due to facts he/she should not be held liable
affirmative defence
When a defendant claims the plaintiffs negligence is the cause of the incident
counter claim
A procedural request summitted to the court by the attorney on behalf of their client
Motion
What’s the difference between a motion for judgment on pleadings and a motion for a summary judgment.
In the pleadings, only evidence produced during pretrial can be considered, in summary judgment, other evidence can be considered.
A sworn testimony recorded by an authorized court official.
deposition
The beginning of the trial phase where both parties set forth the facts that they expect to prove.
Opening statments.
Created by the courts to ensure that any evidence presented is fair and reliable.
rules of evidence
