Chapter One Flashcards
Statutes and rules that govern the process of litigation.
Civil procedure
Legal principals that define rights and obligations.
Substantive Law
Rules adopted in each jurisdiction for the administration of litigation.
Local rules
Rules in individual trial courts.
Local local rules.
An individual or entity whose rights or obligations are in dispute.
Party
An individual or entity who initiates a lawsuit to obtain relief.
Plaintiff
An individual or entity from whom relief is sought in a lawsuit.
Defendant
Documents that define the issues in the case and the facts in dispute.
Pleadings
The point of the litigation at which all pleadings have been answered.
At issue
The process of investigating the facts of the case.
Discovery
Advocacy during the pendency of the case.
Law and motion
Settlement conference with a third party.
Mediation
Resolution of disputes by private judges.
Alternative dispute resolution (ADR)
Determination of the case on the merits at the trial level.
Judgment
Fee based on percentage of recovery.
Contingency fee