Chapter Five Flashcards
who prepares a lawsuit
lawsuit = complaint
plaintiff prepares lawsuit
what begins civil litigation
when the plaintiff files a legal document with the court (starts lawsuit - complaint)
complaint
brief assertion of facts and legal reason that the defendant should be liable
complaint is served on defendant so defendant is on notice
the lawsuit must assert ___
damages
plaintiff must have suffered econ damages or personal injury damages to compensate the plaintiff for physical injury
must have damages (
example: Walgreens and receiving wrong prescription
emotional damages - must be definable (likely need expert testimony) - PTSD
standing
what kind of concept?
legal concept that is bringing the lawsuit - party has to show that they would be harmed by it
what is considered insufficient to confer standing
injuries that are too speculative, disconnected from the challenged policy are not redressable through the relief sought
cannot have standing if file lawsuit based on harm incurred by someone else
without standing a party cannot _____
sue and is not entitled to the relief they seek
who is the prosecutor and defendant in criminal case
P - state or US
D - accused
what happens after the lawsuit is filed with court
defendant has _____ days file legal document in response to lawsuit (answer)
what happens if defendant ignores lawsuit
plaintiff may win by default
hearing involves
depositions (sworn out of court testimony, interrogatories
motions to compel, to set, motion in limine (exclude/eliminate evidence) - keep evidence out of trial
when is the case ready for trial - jury or bench
after hearing
special term day of trial
voir dire - questions asked of potential jurors to idenity bias and those who the parties’ lawyers would not want to sit on the jury
jury challenges
sometimes one party may deem a juror unfit - so the party may eliminate that juror from the pool by exercising:
1) for cause
2) preemptory
challenge for cause
prosecution and defense may challenge
potential juror who would not be fair
because of potential relation to counsel, witnesses, or parties involved
NO LIMIT TO NUMBER OF CHALLENGES FOR CAUSE EACH SIDE HAS
Preemptory challenges
parties entitled to excuse “limited number” of potential jurors
juror believe will not side with your case
in TN - 8
procedural law
how legal cases are handled in court system
statue of limitation
statue of repose
statue of limitation
in TN you must file personal injury case within one year
statue of repose
must file a product defect case within 10yrs from the “selling” of the product
when to not sue
if they cannot pay judgement or do not have insurance
enforcing a judgement
courts only have the power to tell you that you are legally entitled to a monetary judgement - they cannot help you collect it
