Civil Litigation Flashcards
…………….is the paperwork that is filed with the court to initiate or respond to a lawsuit
A Pleading
The two major pleadings are:
The complaint or petition, and
The answer
In federal court, it’s a
complaint.
In Texas state court, it’s a
petition.
A Complain or petition contain:
The names of the parties to the lawsuit;
The facts of the case;
The law that was violated; and
The prayer for relief.
Once a complaint/petition has been filed, the court issues a ———————-
summons.
A summons is a ————————- directing the defendant to appear in court and answer the complaint or petition.
court order
A sheriff, ————–, or ………………….. may serve the complaint/petition on the defendant.
govt official
private process server
If several plaintiffs have filed separate lawsuits stemming for the same fact situation against the same defendant, the court can initiate a —————————-of the cases into one case if it would not cause undue prejudice to the parties.
consolidation
give an example of a consolidation case
Airplane chush cases
prayer equals to
request
If a judge decides that the claim “has no basis in law or fact,” the ——————may be ordered to pay the defendant’s costs.
loser
If a plaintiff rejects a settlement offer, and later wins an award that is less than 80% of the rejected offer, can the defendant recover litigation costs out of the jury award.?
yes
When you are first assigned a new case you should ………………..
- Create a Cast of Characters;
- Draft a Chronology;
- Make an Issue List; and
- Make a Question List.
What is to Cast of Characters
it is a List of the individuals and organizations you know are involved in the dispute.
Also it catalog key documents and other important pieces of physical evidence.
it capture each player’s name and a description of the role the person, entity, or document plays in the case.
A …………… is a timeline.
chronology
What do you do in chronology
- List the facts and the dates.
- Make sure you include significant details.
- Include the sources for each fact.
- Include a “key fact” column to check off so that you begin to separate key facts from other facts.
an ———————– includes both legal claims and critical factual disputes.
issue list
The description could include a ————————-of each party’s position on the issue.
brief summary
If it’s a legal issue, include the …………………………….of the judge’s instruction.
potential language
When you start your analysis, Start a ………………………and begin to figure out how to answer them.
question list
—————-is an oral testimony given by a party or witness prior to trial, under oath, with a record.
Depositions
……………….are written questions submitted by one party to another party.
Interrogatories
————–are request by one party to another party to produce all documents relevant to the case.
Request for Production
Ex Parte means ——————-
from one party
As a legal term Ex Parte means————–
a situation in which one party has communication with the judge without the participation of the opposing party
————————— is a person who represents him/herself.
A pro se litigant
Kinds of pretrial or dispositive Motions
Motion to Dismiss
Motion for Summary Judgment
even if the facts in the plaintiff’s petition are true, a……………………………means there is no reason to continue the lawsuit
Motion to Dismiss
…………………………………is when there are no factual disputes and only matters of law are disputed.
Motion for Summary Judgment
One purpose of the Pretrial Hearing is ……………
to facilitate settlement
If settlement isn’t possible, then the hearing is used to ……………………..
identify major issues and other relevant facts.
Trial is divided into the following phases:
- Jury selection
- Opening statements
- Plaintiff’s case in chief
- Defendant’s case in chief
- Rebuttal and rejoinder
- Closing arguments
- Jury instruction and deliberation
- Entry of judgment
Voir dire is……………..
to speak the truth
……………………….are used to exclude a juror without giving a reason
Preemptory challenges
Once the right number of jurors is chosen, they are ————
impaneled and sworn.
A pretrial hearing is also called———————-
settlement conference
Some studies show that ————of jurors make up their minds by the end of the opening statements
80%
in the ————————-Attorneys summarize that main factual and legal issues and why their client’s position is valid.
Opening Statement
When the other side asks questions, that’s…………………………
cross examination.
what happens after cross examination?
redirect and recross examination
……………..has the burden of proof to persuade the trier of fact of the merits of its case
The Plaintiff
The defendant must:
- Rebut the plaintiff’s evidence;
- Prove any affirmative defenses asserted by the defendant; and
- Prove any allegations contained in the defendant’s cross-complaint.
When the …………………….rests, the ……………………..presents its case in chief.
plaintiff
defense
When the ——————- rests, the plaintiff’s attorney can call witnesses and put on evidence to……………….. the defendant’s case
defendant
rebut
When the defendant rests, the plaintiff’s attorney can call witnesses and put on evidence is called
rebuttal
When the defendant’s attorney call additional witnesses and introduce other evidence to counter the rebuttal is called…………….
rejoinder
During the ————————–new evidence cannot be presented
closing argument
…………are not considered to be evidence
closing arguments
………………………..is also called Jury Instructions
Jury charge
in the jury charge appears……………………..
what law to apply in deciding the case
Afterwards, the …………….announces its verdict (in federal court). In Texas court, the ……………reads the verdict
jury
clerk
The ……………….. is the official decision of the court.
entry of judgment
JNOV stands for
Judgment Non Obstante Verdicto
………………..is when the judge reduces the amount of damages awarded if he finds the jury was biased, emotional, or inflamed
remittitur
When the judge reduces the amount of damages awarded if he finds the jury was biased, emotional, or inflamed is called………….
remittitur
Who can appeal once a final judgment is enterd?
both sides
A …………….must be filed within a prescribed time after judgment is entered
notice of appeal
The appealing party is the——————-or———–
The responding party is the —————–or————
appellant or petitioner.
appellee or respondent
An appeal bond, is also called a …………………… bond
supersedeas
In Texas an—————————–is required for appeal
appeal bond
The appellant’s attorney may file an …………………, setting forth legal research and other supportive information
opening brief
The appellee can file a …………………….
responding brief
in appeal there is no………………
new findings
the Action by Appellate Court could be?
- Affirm
- Reverse
- Remand
—————is when a court believes there were no errors in the application of the procedural or substantive law so the prior decision stands
Affirm
……………….is when a court rules that lower court made substantial error and changes the decision
Reverse
…………………… is when a court finds that lower court made an error that it can correct
Remand
Was the U.S. v. Eichman case Heard by the Supreme Court? Why and Why not ? (flag burning)
Yes, because it is a contitutional issue and has to deal with freedom of speach.
……………is a situation in which one party has communication with the judge without the participation of the opposing party
ex parte
………………is to speak the truth
voir dire
. …………. is a List of the individuals and organizations you know are involved in the dispute.
Also it catalog key documents and other important pieces of physical evidence.
it capture each player’s name and a description of the role the person, entity, or document plays in the case.
Chronology
A……………………..must 1. Rebut the plaintiff’s evidence;
- Prove any affirmative defenses asserted by the defendant; and
- Prove any allegations contained in the defendant’s cross-complaint.
A defendant
