Chapter One - Litigation Overview Flashcards
Substantive Law
Legal principles that define rights and obligations
Civil Procedure
Statutes and rules that govern the process of litigation
Local rules
Rules adopted in each jurisdiction for the administration of litigation
Local local rules
Rules in individual trial courts
Party
An individual or entity whose rights or obligations are in dispute
Plaintiff
An individual or entity who initiates a lawsuit to obtain relief
Defendant
An individual or entity from whom relief is sought in a lawsuit
Pleadings
Documents that define the issues in the case and the facts in dispute
At Issue
Point of the litigation at which all pleadings have been answered
Discovery
The process of investigating the facts of the case
Law and Motion
Advocacy during the pendency of the litigation
Mediation
Settlement conference with a third party
Alternative Dispute Resolution (ADR)
Resolution of disputes by private judges
Judgment
Determination of the case on the merits at the trial level
Contingency fee
Fee based on percentage of recovery
Sole Proprietorship
Ownership by a single person
Partnership
Legal entity where partners own the business
Limited Liability Partnership
Legal entity where partners own the business and have limited liability
Corporations
Legal entities that if properly formed are treated as persons under the law
Partner
Senior lawyer in a partnership who owns a share of the business
Associates
Lawyer employees of law firms
Law Clerks
Law students or graduates awaiting bar exam results and employed by law firms
Legal Assistant
Paralegal
Paralegal Coordinator
Supervisor of paralegal staff in large law firms
Paralegal Manager
Manager of paralegal in large law firms
Administrative Law
Law of public agencies
