Civil Litigation Flashcards

1
Q

Formal allegations of the parties

A

Pleadings

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2
Q

Hand delivery of summons/complaint to defendant

A

Personal service of process

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3
Q

Required to obtain documents from a non-party

A

Subpoena duces tecum

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4
Q

Party who initiates the civil lawsuit

A

Plaintiff

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5
Q

Jury was wrong as a matter of law

A

Motion for judgement n.o.v.

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6
Q

Sworn testimony given by a party or a witness

A

Deposition

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7
Q

Notifies defendant that s/he has been sued

A

Summons

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8
Q

Limited by scope of direct examination

A

Cross-examination

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9
Q

Leaving a copy of summons/complaint with an adult at the defendant’s residence or place of business

A

Substituted service of process

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10
Q

Judge instructs the jury regarding the applicable law

A

Charge to the jury

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11
Q

Pre-trial motion; court limited to content of pleadings

A

Motion for judgement on the pleadings

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12
Q

Motion that challenges the complaint

A

Motion to dismiss

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13
Q

Contains all documents necessary for trial

A

Trial notebook

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14
Q

Cannot ask leading questions

A

Direct examination

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15
Q

Party against whom civil lawsuit is brought

A

Defendant

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16
Q

Legal theory upon which the lawsuit is brought/upon which a plaintiff brings suit

A

Cause of action

17
Q

Lawyer tells the jury what s/he will prove

A

Opening statement

18
Q

Gives opinion testimony

A

Expert witness

19
Q

Assigned by the prothonotary

A

Docket Number

20
Q

Lawyer can only use facts admitted into evidence

A

Closing argument

21
Q

Response to a complaint

A

Answer

22
Q

Prospective juror is challenged and dismissed for no reason

A

Peremptory challenge

23
Q

Series of written questions served on a party

A

Interrogatories

24
Q

Pre-trial motion; both parties can submit briefs and affidavits in support

A

Motion for summary judgement

25
Q

Completed by process server and filed with the court

A

Return of service

26
Q

Request other party to admit or deny a relevant fact

A

Request for admissions

27
Q

Claim made by defendant against a plaintiff

A

Counterclaim

28
Q

Plaintiff’s response to a counterclaim

A

Reply

29
Q

Testifies regarding what s/he heard, saw, or felt

A

Lay witness

30
Q

Claim made by one defendant against a co-defendant

A

Cross-claim

31
Q

Identifies parties and facts that are the foundation of plaintiff’s cause of action

A

Complaint

32
Q

Questioning of prospective jurors by judge and lawyers

A

Voir dire