Civil Case Flashcards

1
Q

Pleadings

A

legal complaint made, hires lawyer, formal statement, name plaintiff and defendant, describes nature of lawsuit

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2
Q

Summons

A

Orders defendant to appear in court

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3
Q

Response

A

Defendants answer to complaint: admission of guilt, explanation of non guilty plea, rebuttal of charges, complaining there is no case, makes up pleadings

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4
Q

What happens in a civil case

A
  1. Pleadings
  2. Discovery
  3. Pre trial Discussions
  4. Trial
  5. Verdict
  6. Appeal
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5
Q

Discovery

A

Lawyers check facts, gather evidence, question witnesses of their party

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6
Q

Pretrial discussions: Mediation

A

Neutral third party brought into hear both sides of case, needs discussions to keep open, roll to help the two sides reach agreement

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7
Q

Civil case trial consists of how many members or who will hear the case alone

A

Jury 6-12 members or a judge will hear case alone

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8
Q

In a civil case trial who goes first

A

The plaintiff

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9
Q

Both sides make closing statements by summarizing their case in a

A

Civil trial

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10
Q

“Preponderance of evidence”

A

A civil trial, plaintiff must have presented enough evidence to persuade judge or jury that defendant is responsible for incident

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11
Q

Verdict in favor for the plaintiff

A

A remedy is set: Defendant must make up for the injury that was caused by the plaintiff

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12
Q

Verdict in favor of the defendant

A

The plaintiff gets nothing and must pay for court costs

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13
Q

A civil case appeal

A

Asking a higher court to review case after losing a court case

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