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Judicial Processes & Behaviors > Civil Trial Process > Flashcards

Civil Trial Process Flashcards

1
Q

Grievance

A

Individual belief that a person is entitled to a resource controlled by someone else.

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2
Q

What do all civil disputes start as?

A

Grievance

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3
Q

Claiming

A

communicating a sense of entitlement to the party percieved to be responsible for the grievance

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4
Q

Choices of the party percieved to be responsible?

A
  1. accept responsibility & offer redress
  2. dispute claim in court or settlement
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5
Q

Why are lawyers helpful in civil disputes?

A

Help client understand what viable claims they may or may not have

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6
Q

Contingency fees

A

Lawyer only recieves money if the case is won

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7
Q

What kinds of trials involve contingency fees?

A

Big class-actions or long trials

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8
Q

How can lawyers be helpful in settlements?

A

facilitate settlements. Act as signal to other party.

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9
Q

The civil system ______

A

compensates

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10
Q

How are litigation rates different today than in 1800s?

A

LOWER today

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11
Q

Why did rates increase in later half of 20th century?

A

media access = easier to get involved in class-actions

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12
Q

Routine Tort cases

A

personal injury cases resulting from car accidents,slips and falls, or other injuries

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13
Q

What types of tort cases make up majority of tort filings?

A

Routine torts (3/4 of all filings)

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14
Q

Size of injuries (monetary gain) in Routine Torts?

A

relatively small

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15
Q

How often do Routine torts go to trial?

A

very rarely

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16
Q

Size of monetary settlements in Routine torts?

A

15k to 20k

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17
Q

High-stakes Litigation

A

Plaintiff suing for a large amount of money

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18
Q

What percentage of tort cases are high-stakes litigation?

A

10%

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19
Q

Why are high-stakes litigations long and expensive?

A

due to subject area

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20
Q

What is the average damages awarded in high-stakes litigation?

A

~$400,000

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21
Q

Mass torts

A

Involves compounding issues of multiple parties into a causation issue. Thousands of plaintiffs + multiple defendants

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22
Q

How much money is involved in mass torts?

A

Usually millions to billions

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23
Q

Why can it be hard to point to 1 specific event in a mass tort case?

A

Usually involves dealing with a latent issue years later

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24
Q

Alternative dispute resolution

A

less adversarial means of settling disputes that may or may not involve a court trial

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25
Q

Community court

A

generally reserved for minor civil claims and are focused on mediation

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26
Q

Who usually runs community court?

A

local court system

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27
Q

Court-annexed arbitration

A

faster and less expensive than trial. Involves hearing and evidence

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28
Q

Who oversees court-annexed arbitration

A

arbitrator

29
Q

What may the losing trial do in court-annexed arbitration?

A

may request a trial but may also become liable for arbitration fees

30
Q

settlement funds

A

settling cases before they even begin

31
Q

Who administers settlement funds?

A

the company directly

32
Q

kinds of cases that settlement funds handle?

A

High money cases

33
Q

Cons of accepting settlement funds?

A

plaintiff waives their right to sue company

34
Q

Civil procedure

A

rules/regulations that govern non-criminal lawsuits

35
Q

civil rules are generally ____________

A

NOT constitutionally based

36
Q

Burden of proof in civil procedure?

A

Preponderance of evidence

37
Q

Are civil rules the same for Federal and state courts?

A

NO

38
Q

When were the Federal Rules of Civil Procedure adopted?

A

1938

39
Q

Federal Rules of Civil Procedure

A

Meant to provide uniformity in federal civil filings.

40
Q

Notice pleadings

A

Require short statement of what the cause of action is.

41
Q

First step in formal civil lawsuit

A

Plaintiff files COMPLAINT

42
Q

What must be included in a complaint?

A
  1. Jurisdiction
  2. Statement of facts
  3. Cause of action
  4. Remedy
43
Q

What follows a complaint being filed?

A

Defendant is SERVED

44
Q

Service

A

Formal notice of lawsuit usually through summons

45
Q

Answer

A

Defendant’s written response to complaint

46
Q

What happens if an ANSWER is not filed?

A

Automatic default judgement in favor of plaintiff

47
Q

In an ANSWER, defendant can:

A
  1. Deny allegations
  2. assert affirmative defense
  3. Counterclaim
48
Q

Counterclaim

A

Plaintiff has committed some sort of civil wrong & defendant is seeking redress

49
Q

Discovery

A

Pretrial procedure in which parties ask for & retrieve information + evidence from each other.

50
Q

Why is the discovery stage so robust?

A

Federal Rules of Civil Procedure

51
Q

Purpose of discovery

A

To promote settlements, make process more fair, make potential trials more orderly

52
Q

Privileged Information

A

communications between parties that must be kept confidential per rules of evidence

53
Q

Examples of privileged information

A
  • Attorney/Client
  • Doctor/Patient
  • Husband/Wife
54
Q

What privileged information is absolute?

A

Attorney/Client

55
Q

Why is Attorney/Client information absolute?

A

ensures clients feel safe talking freely to their attorneys

56
Q

Deposition

A

Sworn testimony of a witness taken outside of court in a FORMAL SETTING. Representation present. May be recorded/transcribed.

57
Q

Subpoena

A

Order from court directing a person to appear before the court to give testimony about a cause of action pending befoe it. SIGNED BY JUDGE

58
Q

Subpoena duces tecum

A

court order calling for the production of evidence. Also signed by judge.

59
Q

Interrogatory

A

Written questions sent from one party to another usually for FACTUAL QUESTIONS

60
Q

Contempt

A

Failing to follow a court order. Punishment = jail or fine.

61
Q

What is contempt a tool for?

A

enforcing subpoenas

62
Q

Motions

A

written filings asking the court to consider & issue & make a ruling

63
Q

Motion for default judgement

A

Plaintiff makes complaint and defendant doesn’t respond

64
Q

Motion for summary judgement

A

Asking judge to rule in favor of one party because the other party failed to meet burden of proof.

65
Q

Judgement

A

Court’s official decision in civil cases

66
Q

Defendant’s options after judgement is given

A
  1. Comply
  2. Appeal
67
Q

What happens if defendant doesn’t comply with judgement?

A

Plaintiff can seek reinforcement.

68
Q

Negotiations

A

Judges will try to get parties to settle

69
Q

Why are some defendants judgement proof?

A

they have no assets for plaintiff to access

Judicial Processes & Behaviors (6 decks)

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