Civil Litigation Flashcards
Formal allegations of the parties
Pleadings
Hand delivery of summons/complaint to defendant
Personal service of process
Required to obtain documents from a non-party
Subpoena duces tecum
Party who initiates the civil lawsuit
Plaintiff
Jury was wrong as a matter of law
Motion for judgement n.o.v.
Sworn testimony given by a party or a witness
Deposition
Notifies defendant that s/he has been sued
Summons
Limited by scope of direct examination
Cross-examination
Leaving a copy of summons/complaint with an adult at the defendant’s residence or place of business
Substituted service of process
Judge instructs the jury regarding the applicable law
Charge to the jury
Pre-trial motion; court limited to content of pleadings
Motion for judgement on the pleadings
Motion that challenges the complaint
Motion to dismiss
Contains all documents necessary for trial
Trial notebook
Cannot ask leading questions
Direct examination
Party against whom civil lawsuit is brought
Defendant
Legal theory upon which the lawsuit is brought/upon which a plaintiff brings suit
Cause of action
Lawyer tells the jury what s/he will prove
Opening statement
Gives opinion testimony
Expert witness
Assigned by the prothonotary
Docket Number
Lawyer can only use facts admitted into evidence
Closing argument
Response to a complaint
Answer
Prospective juror is challenged and dismissed for no reason
Peremptory challenge
Series of written questions served on a party
Interrogatories
Pre-trial motion; both parties can submit briefs and affidavits in support
Motion for summary judgement
Completed by process server and filed with the court
Return of service
Request other party to admit or deny a relevant fact
Request for admissions
Claim made by defendant against a plaintiff
Counterclaim
Plaintiff’s response to a counterclaim
Reply
Testifies regarding what s/he heard, saw, or felt
Lay witness
Claim made by one defendant against a co-defendant
Cross-claim
Identifies parties and facts that are the foundation of plaintiff’s cause of action
Complaint
Questioning of prospective jurors by judge and lawyers
Voir dire
