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Civil Litigation > Civil Litigation and Its Alternatives 1 > Flashcards

Civil Litigation and Its Alternatives 1 Flashcards

1
Q

Alternative dispute resolution (ADR)

A

Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.

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2
Q

Arbitration

A

An ADR mechanism whereby the parties submit their disagreement to a third party, whose decision is binding.

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3
Q

Mediation

A

An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable, voluntary compromise.

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4
Q

Summary jury trials

A

A nonbinding process in which attorneys for both sides present synopses of their cases to a jury, which renders an advisory opinion on the basis of these presentations.

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5
Q

Pleadings

A

The papers that begin a lawsuit - generally, the complaint and the answer.

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6
Q

Pretrial motion

A

A motion brought before the beginning of a trial to eliminate the necessity for a trial or to limit the information that can be heard at the trial.

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7
Q

Discovery

A

The modern pretrial procedure by which one party gains information from the adverse party.

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8
Q

Standing

A

The principle that courts cannot decide abstract issues or render advisory opinions; rather they are limited to deciding cases that involve litigants who are personally affected by the court’s decision.

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9
Q

Judgment proof

A

When the defendant does not have sufficient money or other assets to pay the judgment.

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10
Q

Guardian

A

A person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.

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11
Q

Compulsory joinder

A

When a person must be brought into a lawsuit as either a plaintiff or a defendant.

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12
Q

Class action suit

A

A lawsuit brought by a person as a representative for a group of people who have been similarly injured.

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13
Q

Jurisdiction

A

The power of a court to hear a case.

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14
Q

Subject matter jurisdiction

A

The power of a court to hear a particular type of case.

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15
Q

Personal jurisdiction

A

The power of a court to force a person to appear before it.

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16
Q

Minimum contacts

A

A constitutional fairness requirement that a defendant have at least a certain minimum level of contact with a state before the state courts have jurisdiction over the defendant.

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17
Q

Statutes of limitation

A

The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.

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18
Q

Exhaustion of administrative remedies

A

The requirement that relief be sought from an administrative agency before proceeding to court.

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19
Q

Complaint

A

The pleading that begins a lawsuit.

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20
Q

Answer

A

Defendant’s reply to the complaint. It may contain statements of denial, admission, or lack of knowledge and affirmative defenses.

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21
Q

Counterclaim

A

A claim by the defendant against the plaintiff.

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22
Q

Cross-claim

A

A claim by one defendant against another defendant or by one plaintiff against another plaintiff.

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23
Q

Third-party claim

A

A claim by a defendant against someone in addition to the persons the plaintiff has already sued.

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24
Q

Caption

A

The heading section of a pleading that contains the names of the parties, the name of the court, the title of the action, the docket or file number, and the name of the pleading.

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25
Q

Notice pleading

A

A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.

26
Q

Count

A

In a complaint, one cause of action.

27
Q

Pleading in the alternative

A

Including more than one count in a complaint; the courts do not need to be consistent.

28
Q

Verification

A

An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.

29
Q

Summons

A

A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.

30
Q

Service

A

The delivery of a pleading or other paper in a lawsuit to the opposing party.

31
Q

Notice

A

Being informed of some act done or about to be done.

32
Q

Affirmative defense

A

A defense whereby the defendant offers new evidence to avoid judgment.

33
Q

Default judgment

A

A judgment entered against a party who fails to complete a required step, such as answering the complaint.

34
Q

Interrogatories

A

Written questions sent by one side to the opposing side, answered under oath.

35
Q

Deposition

A

The pretrial oral questioning of a witness under oath.

36
Q

Deponent

A

The person who is being asked questions at a deposition.

37
Q

Request for admission

A

A document that lists statements regarding specific items for the other party to admit or deny.

38
Q

Electronically Stored Information (ESI)

A

Information created, disbursed, or stored in an electronic format.

39
Q

Dismissal with prejudice

A

A court order that ends a lawsuit; the suit cannot be refilled by the same parties.

40
Q

Pretrial conference

A

A meeting of the attorneys and the judge prior to the beginning of the trial.

41
Q

Motion in limine

A

A request that the court order that certain information not be mentioned in the presence of the jury.

42
Q

Voir dire

A

An examination of a prospective juror to see if he or shoe is fit to serve as a juror on a specific case.

43
Q

Challenge for cause

A

A method for excusing a prospective juror based on the juror’s inability to serve in an unbiased manner.

44
Q

Peremptory challenge

A

A method for excusing a prospective juror; no reason need be given.

45
Q

Direct examination

A

The questioning of your own witness.

46
Q

Leading question

A

A question that suggests the answer; generally leading questions may not be asked during direct examination of a witness.

47
Q

Cross-examination

A

The questioning of an opposing witness.

48
Q

Directed verdict

A

A verdict ordered by a trial judge if the plaintiff fails to present a prima facie case or if the defendant fails to present necessary defense.

49
Q

Pattern jury instructions

A

A set of standardized jury instructions.

50
Q

Verdict

A

The opinion of a jury on a question of fact.

51
Q

Mistrial

A

A trial ended by the judge because of a major problem, such as a prejudicial statement by one of the attorneys.

52
Q

Judgment

A

The decision of the court regarding the clams of each side. It may be based on a jury’s verdict.

53
Q

Writ of execution

A

A court order authorizing a sheriff to take property in order to enforce a judgment.

54
Q

Judgment notwithstanding the verdict (judgment N.O.V.)

A

A judgment that reverses the verdict of he jury when the verdict had no reasonable factual support or was contrary to law.

55
Q

Motion for a new trial

A

A request that the court order a rehearing of a lawsuit because irregularities, such as errors of the court or jury misconduct, make it probable that an impartial trial did not occur.

56
Q

Appellate brief

A

An attorney’s written argument presented to an appeals court, setting forth a statement of the law as it should be applied to the clients facts.

57
Q

Clearly erroneous

A

Standard used by appellate courts when reviewing a trial court’s findings of fact.

58
Q

Harmless error

A

A trial court error that is not sufficient to warrant reversing the decision.

59
Q

Reversible error

A

An error made by the trial judge sufficiently serious to warrant reversing the trial court’s decision.

60
Q

Affirm

A

When a higher court agrees with what a lower court has done.

61
Q

Reverse

A

When an appellate court overturns or negates the decision of a lower court.

62
Q

Remand

A

When an appellate court send a case back to the trial court for a new trial or other action.

Civil Litigation (10 decks)

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