Civil Litigation Terms Flashcards
plaintiff
party who is bringing the lawsuit
defendant
party who is opposing the plaintiff in the lawsuit
intake
a general term for gathering information about a client
case assessment
attorneys review client intake forms to decide whether to represent client
adr
alternative dispute resolution
mediation
a type of adr that is not binding on the parties
arbitration
a type of adr that is binding on the parties
demand letter
letter to opposing party stating the claim and requesting a remedy
complaint
statement of the case and the requested remedy: the first step in litigation before a court
remedies
non-money damages such as specific performance, temporary restraining order, or injunction
specific performance
compelling the opposing party to abide by the terms of a contract
temporary restraining order
forbid the opposing party from continuing to do something objectionable while details are worked out
injunction (preliminary or permanent)
verb is “to enjoin”
forbid the opposing party from continuing to do something after details are worked out
venue
court where a matter will be heard
remove a case
change from state to federal court
