Civil Procedure & Trial Practice

Question 1

Define plaintiff

Answer 1

• The accuser
• The person/party that files a complaint ie a suit

Question 2

Define defendant

Answer 2

• The accused
• The person/party who has been accused of some wrongdoing or criminal activity

Question 3

Define complaint

Answer 3

• 1st pleading in a lawsuit
• Allegations of fact & damages requested

Question 4

Define summons

Answer 4

• Legal document served to an individual as notice that a legal proceedings has commenced

Question 5

Define demurrer

Answer 5

• Pleading filed by the defendant to preempt “answering” the plaintiff’s complaint
• Example claiming the evidence is insufficient to sustain the plaintiffs issue or case

Question 6

Define answer

Answer 6

• Required response from defendant to each allegation stating their defenses by admitting or denying each allegation

Question 7

Define counterclaim

Answer 7

• Answer that denies the plaintiff’s claims by the defendant stating it was the plaintiff’s actions that committed the wrongful act

Question 8

Define discovery

Answer 8

• Process of investigating the facts of a case before trial
• Reason is to prevent trial by “ambush”

Question 9

Objectives of discovery

Answer 9

• Obtain evidence that might not be obtainable at time of trial
• Isolate & narrow issues for trial
• Gather evidence that may be admissible at trial
• Enable discovering party to gather further evidence

Question 10

Define examination before trial (EBT)

Answer 10

• Specifically “depositions”
• A testimony of a witness that has been recorded in written format

Question 11

Define attorney client privilege

Answer 11

• Protected information that must be agreed & both parties notified in advance

Question 12

Define motions

Answer 12

• Procedural steps that occur pretrial & after the discovery time is over

Question 13

Define motions to dismiss

Answer 13

• Filed by the defendant on the grounds that the complaint does not set forth a claim or cause of action recognized by law
• May be made before, during, or after the plaintiff has presented their case

Question 14

Define motions for summary judegement

Answer 14

• Either party believes that there are no triable issues of fact & only issues of law need be decided
• Example if negligence is admitted & agreed upon: book example of patient under anesthesia slid off the OR table