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legal terms > Chapter10 Litigation > Flashcards

Chapter10 Litigation Flashcards

1
Q

prone to engage in disputes and litigation

A

Litigious

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2
Q
  1. The formal process of resolving a legal dispute through the courts. 2. A lawsuit.
A

Litigation

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3
Q

a legal controversy in which (1) one private person or entity sues another (2) a private person or entity sues the government. (3) the government sues a private person or entity for a matter other than the commission of a crime.

A

Civil Dispute

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4
Q

A legal controversy in which the government alleges the commission of a crime

A

criminal dispute

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5
Q

an award of money paid by the wrongdoer to compensate the person who has been harmed

A

damages

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6
Q

legally responsible

A

liable

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7
Q

legally responsible together and individually. Each wrongdoer is individually responsible for the entire judgment; the plaintiff can choose to collect from one wrongdoer or from all of them until the judgment is satisfied.

A

Joint and Several Liability

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8
Q

formally coming before a tribunal as a party or representative of a party. The appearance usually appears by filing a notice of appearance in court, which is often accomplished through a praecipe, a formal request to the court that something be done.

A

Appearance

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9
Q

The attorney noted in the court files as the attorney representing a particular party. Sometimes they cannot withdrawal from the case without court permission.

A

Attorney of Record

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10
Q

The court where the case it to be tried.

A

Forum

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11
Q

all the assets and liabilities of a descendent (one who has died) after he or she dies

A

Estate

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12
Q

the disputing parties are citizens of different states and the amount in controversy exceeds %75,000. This diversity gives jurisdiction to a US District Court

A

Diversity of Citizenship

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13
Q

The proper county or geographical area in which a court with jurisdiction may hear a case. the place of a trial.

A

Venue

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14
Q

(1) a plaintiffs first pleading stating a cause of action against the defendant (2) A formal criminal charge

A

Complaint

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15
Q

the person who initiates a civil action in court

A

plaintiff

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16
Q

A legally acceptable reason for suing. Facts that give a party the right to judicial relief.

A

Cause of Action

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17
Q

including facts in a pleading (ex. complaint) that if proved at trial, would entitle the party to judicial relief sought (assuming the other party does not plead and prove any defenses that would defeat the effort.)

A

Stating A cause of Action

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18
Q

one of two or more defendants sued in the same civil case or prosecuted in the same criminal case.

A

Codefendant

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19
Q

formal litigation documents filed by parties that state or respond to claims or defenses of other parties. Major types are complaint and answer.

A

Pleadings

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20
Q

a claimed fact: a fact that a party will try to prove at trial.

A

Allegation

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21
Q

A standard, legal term used to indicate that the allegation is not based on the firsthand knowledge of the person making the allegation but that the person, nevertheless, believes in good faith that the allegation is true.

A

Information and Belief

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22
Q

A clause stating the damages claimed

A

Ad damnum clause

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23
Q

a trial without a jury. Also called a nonjury trial.

A

Bench Trial

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24
Q

A trial in which a group of citizens resolves the issues or questions of fact. The judge decides the issues or questions of law.

A

Jury Trial

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25
Q

To deliver a document to a court officer so that it can become part of the official collection of documents in a case. To deliver a documents to a government agency,

A

File

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26
Q

A cover sheet filed in Federal Court along with the complaint indicating the names and addresses of the parties and their attorneys, the kind of action being filed, etc.

A

Civil Cover Sheet

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27
Q

A formal delivery of notice to a defendant, that a suit has been initiated to which he or she must respond. The most common method is to place the complaint and summons in the hand of the defendant.

A

Service of Process

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28
Q

A notice directing the defendant to appear in court and answer the plaintiffs complaint or face a default judgment.

A

Summons

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29
Q

someone with the authority to serve or deliver process.

A

process server

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30
Q

evidence that a summons or other process has been served on a party in an action.

A

Proof of service

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31
Q

A law stating that civil or criminal actions are barred if not brought within a specified period of time.

A

Statute of limitations

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32
Q

A courts power over a person to adjudicate his or her personal rights.

A

Personal Jurisdiction

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33
Q

A request, usually made before the trial begins, that the judge dismiss the case because lack of jurisdiction, insufficiency of the pleadings or the reaching of a settlement.

A

Motion to Dismiss

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34
Q

Failure of a party to allege enough facts that, it proven, would entitle the party to judicial relief. Sometimes referred to as a demurrer or a failure to state a claim upon which relief can be granted.

A

Failure to state a cause of action

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35
Q

the rules that govern the mechanics of resolving a dispute in court or in an administrative agency.

A

Procedural Law

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36
Q

The technical rules governing the manner in which civil cases are brought in and progress through the US District Courts, which are the main federal trial courts.

A

Federal Rules of Civil Procedure

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37
Q

nonprocedural laws that define or govern rights and duties (such as the right to use reasonable care.)

A

Substantive Law

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38
Q

the first pleading of the defendant that responds to the plaintiffs claim.

A

Answer

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39
Q

A judgment against a party for failure to file a required pleading or otherwise respond to an opponent claim.

A

Default Judgment

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40
Q

an application or request made to a court or other decision making body seeking to obtain a more favorable action or ruling,. e.g, a motion to dismiss the party making the motion is called a movant.

A

Motion

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41
Q

An allegation of fact (or a legal theory) offered to offset or defeat a claim or demand. Also means the defendant and his or her attorney.

A

Defense

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42
Q

A defense raising new facts that will defeat the plaintiffs claim even if the plaintiffs fact allegations are proven.

A

Affirmative Defense

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43
Q

A claim brought by one defendant against another defendant or by one plaintiff against another defendant in the same action. Also called cross action.

A

Cross claim

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44
Q

A claim by one side in a case (usually the defendant) that is filed in response to a claim asserted by an opponent (usually the plaintiff.)

A

Counterclaim

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45
Q

A plaintiffs response to the defendant counterclaim, plead or answer.

A

Reply

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46
Q

A defendants complaint against someone who is not now a party on the basis that the latter may be liable for all or part of what the plaintiff might recover from the defendant.

A

Third Party Complaint

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47
Q

to challenge; to raise a defense against a claim

A

Contest

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48
Q

A judgment or decision against you

A

Adverse Judgment

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49
Q

compulsory pretrial disclosure of information related to litigation by one party to another party. the major devises are interrogatories, deposition, production or documents and things, physical or mental examination and request for admission.

A

Discovery

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50
Q

A method of discovery, consisting of written questions about a lawsuit submitted by one party to another to help the sender prepare for trail.

A

Interrogatories

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51
Q

A method of discovery by which parties and their prospective witnesses are questioned outside the courtroom before trial. A pretrial question and answer question and answer question to help parties prepare for trial.

A

Deposition

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52
Q

A method of discovery in which one party asks another to admit the truth of any matter relating to facts or the application of law to facts.

A

Request for Admission

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53
Q

a command that a witness appear at a certain time and place and bring specified things such as documents or records.

A

Subpoena duces tecum

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54
Q

an official command by the court requiring, allowing or forbidding some act to be done.

A

Order

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55
Q

a proceeding designed to resolve issues of fact of law. Usually an impartial officer presides, evidence is presented, etc.

A

Hearing

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56
Q

a judgment of the court that is rendered without a full trial because of the absence of conflict on any of the material facts.

A

Motion for a summary judgement

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57
Q

A judicial officer having some but not all of the powers of a judge.

A

Magistrate

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58
Q

A meeting of the attorneys and judge (or magistrate)

A

Pretrial conference

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59
Q

agreed to.

A

Stipulated

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60
Q

in dispute or question, if an issue in fact exists, then the existing of non existing fact must be established at trial.

A

In Issue

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61
Q

Evidence that can be seen or touched; evidence that has a physical form

A

Tangible Evidence

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62
Q

To place evidence formally before a court or other tribunal so that it will become part of the record for consideration by the judge, jury or other decision maker.

A

Introduce Evidence

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63
Q

To schedule a date when the trial is to begin

A

set for trial

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64
Q

A court employee who keeps order in the courtroom and renders general administrative assistance to the judge.

A

Bailiff

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65
Q

A group of citizens who have been called for jury duty. From this group juries for particular trials are selected. Also called venire

A

Jury Panel

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66
Q

(“to speak the truth”) a preliminary examination of prospective jurors for the purposing of selecting persons qualified to sit on a jury.

A

Voir Dire

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67
Q

A request from a party to a judge that a prospective juror not be allowed to become a member of this jury because of specified causes or reasons.

A

Challenge for Cause

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68
Q

Prejudice for or against something or someone. An inclination or tendency to think or act in a certain way. a danger of prejudgment.

A

Bias

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69
Q

Peremptory Challenge

A

A request from a judge asking that a prospective jury not be allowed to become a member of this jury without stating a reason for this request.

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70
Q

An extra juror who will take the place of a regular juror if one becomes incapacitated during trial.

A

Alternate

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71
Q

selected and sworn in (referring to the jury)

A

Impaneled

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72
Q

a request for the ruling on the admissibility of evidence prior to or during trial but before the evidence has been offered.

A

Motion in limine

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73
Q

A rule that requires certain witnesses to be removed from the courtroom until it is time for their individual testimony so that they will not be able to hear each others testimony.

A

Rule on Witnesses

74
Q

to separate or isolate a jury or witness

A

Sequester

75
Q

an attorneys statement to the jury made before presenting evidence that summarizes the case he or she intends to try to establish during the trial.

A

opening statement

76
Q

the responsibility of proving a fact at the trial, generally the party making the allegation.

A

Burden of Proof

77
Q

A discussion between the judge and the attorneys held at the judges bench so that the jury cannot hear what is being said.

A

Bench Conference

78
Q

A formal challenge usually directed at the evidence that the other side is trying to pursue or introduce.

A

Objection

79
Q

being allowed (having the legal capacity) to give testimony because the person understands the obligation to tell the truth, has the ability to communicate and has knowledge of the topic of his or her testimony.

A

Competency

80
Q

asked the jury to leave the courtroom

A

Excused the jury

81
Q

questioning, asking questions of

A

Examination

82
Q

to decide against or deny (also means to reject or cancel an earlier opinion as precedent by rendering an opposite decision on the same question of law in a different litigation.)

A

Overrule

83
Q

the first questioning of a witness by the party who has called the witness. Also called examination in chief.

A

Direct Examination

84
Q

A reason that is legally sufficient to obtain a remedy or other result.

A

Grounds

85
Q

An out of court statement offered to prove the truth of the matter asserted in the statement.

A

Hearsay

86
Q

to uphold or agree with

A

Sustain

87
Q

to remove the testimony or evidence from the written record or transcript of the trial.

A

Stricken from the record

88
Q

questioning a witness by the opponent after the other side called and questioned that witness, must limit themselves to the topics or subject matters raised during the direct examination of this witness by the other side.

A

Cross-Examination

89
Q

another direct examination of a witness after he or she was cross examined. Conducted by the attorney who conducted the direct examination.

A

Redirect Examination

90
Q

Another cross examination of a witness after redirect examination. Conducted by the attorney who conducted the cross examination.

A

recross examination

91
Q

to present evidence of a persons education and experience sufficient to convince the court that the witness has experience in a particular area.

A

Qualify

92
Q

a person qualified by scientific, technical or other specialized knowledge or experience to give an expert opinion relevant to a fact in dispute.

A

Expert Witness

93
Q

refers to the judge trying the case.

A

Court

94
Q

the court employee who assists the judge with record keeping at the trial and other administrative duties.

A

Clerk

95
Q

A document, chart or other object offered or introduced into evidence

A

Exhibit

96
Q

to request that the items be formally declared admissible. This is not the same as declaring them to be true.

A

Move into evidence

97
Q

to announce formally that you have concluded the presentation of evidence (through the introduction of tangible evidence, through direct examination of your own witnesses etc.) while the other side presents its case, however you will be entitled to cross examine its witnesses.

A

Rest ones case

98
Q

the presentation of evidence by ones side, not including the evidence it introduces to counter the other side.

A

Case in Chief

99
Q

to halt the proceedings temporarily.

A

Adjourn

100
Q

to delay ruling on the motion until another time.

A

Take under Advisement

101
Q

A judgment on an issue in a federal jury trial (and in some state jury trials) that is ordered by the judge against a party because there is no legally sufficient evidentiary basis for a reasonable jury to find for that party on that issue.

A

Judgment as a matter of law

102
Q

a case, as presented, that will prevail unless contradicted and overcome by contrary evidence.

A

Prima Facie Case

103
Q

The final statement by opposing trial attorneys to the jury (or to the trial judge if there is no jury) summarizing the evidence and requesting a favorable decision.

A

Closing Argument

104
Q

A statement of the guidelines and law given to the jury by the judge for use in deciding the issues of fact in its verdict.

A

Jury Instructions

105
Q

an assumption or inference that a certain fact is true once another fact is established.

A

Presumption

106
Q

The final conclusion of the jury.

A

Verdict

107
Q

Here, the components of a cause of action. A portion of a rule that is a precondition of the applicability of the entire rule.

A

Elements

108
Q

The burden of proof that is met when the evidence established that it is more likely than not the facts are as alleged.

A

Preponderance of Evidence

109
Q

A statement of how convincing a version of fact must be before the trier of facts (usually a jury) can accept it as true. Main types are proof beyond a reasonable doubt by clear and convincing evidence and proof by preponderance of evidence.

A

Standard of Proof

110
Q

The final conclusion of a court that resolves a legal dispute or that specifies what further proceedings are needed to resolve it.

A

Judgment

111
Q

A request that the judge set aside the judgment and order a new trial on the basis that the trial was improper or unfair due to specified prejudicial errors that occurred.

A

Motion for a new trial

112
Q

Asking a higher tribunal to review or reconsider the decision of an inferior tribunal.

A

appeal

113
Q

the suspension of judgment or proceeding.

A

stay

114
Q

within the time set by contract or law.

A

timely

115
Q

Notice given to a court (through filing) and to the opposing party (through service) of an intention to appeal.

A

Notice of appeal

116
Q

An obligation to perform an act (ex. payment of a sum of money) upon the occurrence or nonoccurence of a designated condition. Secures the payment of judgment.

A

Bond

117
Q

A judgment rendered after evidentiary inquiry and argument, determining which party is in the right, as opposed to a judgment based solely on a technical point of procedural error.

A

Judgment on the Merits

118
Q

(“a thing adjudicated) a final judgment on the merits will preclude the same parties from later relitigating the same claim and any other claim based on the same facts or transaction that could have been raised in the first suit but was not.

A

Res Judicata

119
Q

to prevent or stop

A

Bar

120
Q

the party bringing an appeal because of alleged errors made by a lower tribunal.

A

Appellant

121
Q

the official collection of all the trial pleadings, exhibits, orders and word for word testimony that took place during a trial.

A

Record

122
Q

the claimed errors of law committed by a lower court.

A

Issues on Appeal

123
Q

the party against whom the appeal is brought (also called the respondent)

A

Appellee

124
Q

A spoken presentation to the court on a legal issue, e;g. telling an appellate court why the rulings of a lower tribunal were valid or were in error.

A

Oral Argument

125
Q

a group of judges, usually three, who decide a case in court with a larger number of judges

A

Panel

126
Q

A courts written explanation of how it applied the law to the facts to resolve a legal dispute.

A

Opinion

127
Q

A judges vote against the result reached by the judges in the majority on a case.

A

Dissent

128
Q

To agree with or uphold the lower court judgment.

A

Affirm

129
Q

To lose or relinquish a right or privilege expressly or by implication.

A

Waive

130
Q

A formal request or motion.

A

Petition

131
Q

A second hearing by a court to reconsider the decision it made after an earlier hearing.

A

Rehearsing

132
Q

by the entire court

A

En Banc

133
Q

the appeal of a case that an appellate court must heart; it has no discretion on whether to take the appeal

A

Appeal as a matter or right

134
Q

The order of the court

A

Mandata

135
Q

to comply with a legal judgment

A

Satisfy

136
Q

The process of carrying into effect the decisions in a judgment

A

Execution

137
Q

A collection on appellate briefs and related documents drafted in prior cases that might be used as models and adapted for current cases.

A

Brief Bank

138
Q

Money or other property deposited with the court as security to ensure that the defendant will reappear at designated times.

A

Bail

139
Q

pretrial release of a defendant in a criminal case without posting a bond, based solely on a promise to appear.

A

Personal Recognizance

140
Q

A reasonable belief that a crime has been committed and the defendant has committed a crime

A

Probable Cause

141
Q

Held or transferred until further court proceedings

A

Bond Over

142
Q

A statement by the prosecutor that he or she is unwilling to prosecute the case.

A

Noelle Prosequi

143
Q

logically tending to establish or disprove a fact.

A

Relevent

144
Q

The standard of proof required for conviction in a criminal case.

A

Beyond a Reasonable Doubt

145
Q

To declare that the accused is innocent of the crime

A

Acquit

146
Q

a written presentation of a parties arguments on the facts and legal issues in the case.

A

Memorandum

147
Q

One who presides over than administrative hearing and makes findings of facts and rulings of law, or who recommends such findings and rulings to someone else in the agency who will help make the final decision.

A

Hearing Examiner

148
Q

Recommended conclusions presented to someone else in the administrative agency who will make the final decision.

A

Administrative Decison

149
Q

a new trial as if a prior one had not taken place.

A

trial de novo

150
Q

A method of procedure for resolving a legal dispute, without litigating it in court or administrative agency,

A

Alternative Dispute Resolution

151
Q

A method of ADR in which the parties avoid litigation by submitting their dispute to a neutral third party who renders a decision resolving the dispute.

A

Arbitration

152
Q

A method of ADR in which the parties avoid litigation by submitting their dispute to a neutral third person who helps the party resolve their dispute; he or she does not render a decision resolving it for them.

A

Mediation

153
Q

A method of ADR consisting of arbitration or mediation in which the arbitrator or mediator is a retired judge. Sometimes called Rent A judge

A

Private Judging

154
Q

A method of ADR in which the parties first try mediation and if that does not work, they try arbitration.

A

Med-Arb

155
Q

A government or private center where disputes can be resolved by mediation or other method of ADR.

A

Neighborhood Justice Center

156
Q

A method of ADR in which the parties present their evidence and arguments to an advisory jury, which renders a non binding verdict.

A

Summary Jury Trial

157
Q

A method of ADR in which both sides hire an experienced attorney or an expert in the area involved in the dispute who will listen in an appreciated version of the evidence are argument of each side and offer an evaluation in the hope that this will stimulate a more serious settlement discussion.

A

Neutral Evaluation

158
Q

A set of formulas created to perform a designated task.

A

Template

159
Q

The heading or introductory part of a pleading, court opinion, memo or other document that identifies what it is, the name of the parties, the court involved, etc.

A

Caption

160
Q

The courts power to resolve a particular kind or category of a dispute.

A

Subject Matter Jurisdiction

161
Q

The proper county or geographical area in which a court with jurisdiction may hear a case. The place of the trial.

A

Venue

162
Q

A statement of every ultimate fact. A fact is ultimate if it is essential an element of a cause of action.

A

Fact Pleading

163
Q

A short and plain statement of the claim showing the pleader is entitled to relief.

A

Notice Pleading

164
Q

Good Faith Belief as to the truth of an allegation, not based on first hand knowledge.

A

Information and Belief

165
Q

Actual and provable economic losses

A

Special Damages

166
Q

A request for damages or other form of judicial relief.

A

Prayer for Relief

167
Q

A signature; the act of signing ones name.

A

Subscription

168
Q

An affidavit stating that a party has read a pleading and swears that it is true to the best of his or her knowledge.

A

Verification

169
Q

Service by an authorized method (ex. mail) other than personal service, also called constructive service.

A

Substituted Service

170
Q

A command to appear at a certain time and place

A

Subpoena

171
Q

A command that a witness appear at a certain time and place and bring specified things such as documents or records.

A

Subpoena deuces tecum

172
Q

A command to appear at a certain time and place to give testimony.

A

Subpoena ad testifandum

173
Q

An advocacy letter that asks the recipient to take or refrain from specific action affecting the client.

A

Demand letter

174
Q

Evidence generated or stored in a computer such as email messages, online spreadsheets, web pages and database records.

A

E-Evidence

175
Q

A list of information or documents claimed to be covered by privilege and therefore protected from discovery or during trial.

A

Privilege log

176
Q

Pertaining to information or other materials an opponent can obtain from deposition, interrogatories or other discoverable devises.

A

Discoverable

177
Q

Summarizing transcripts and documents, often in preparation for litigation.

A

Digesting

178
Q

A summary of a deposition transcript organized by specific topics covered in the answers of the deponent.

A

Topical Digest

179
Q

A summary of a deposition, transcript that indicates the pages and lines of the deponents answers in the order in which the questions were answered.

A

Page/Line Digest

180
Q

A summary of a deposition transcript that presents the events described in the deponents answers in their chronological order.

A

Chronological Digest

181
Q

A summary of the major facts in the case presented in a manner designed to encourage the other side (or insurance company) to settle the case.

A

Settlement work up

182
Q

A list of primary authority and secondary authority that a writer has cited in an appellate brief or other documents.

A

Table of Authorities

legal terms (14 decks)

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