Exam 1-Vocabulary Flashcards
Litigation: The process of __________ a dispute through the _____ system.
resolving, court
Pleadings: _______ by the ________ and the _________ that details the ____, ______, and _______ of a case.
statement, plaintiff, defendant, facts, charges, defenses
Complaint: The ______ made by the _______ alleging _______ on the part of the defendant. When filed with a court, the _______ initiates a ______.
pleading, plaintiff, wrongdoing, compliant, lawsuit
Summons: A ______ informing a _______ that a legal ______ has been commenced against her or him and that the defendant must _______ in court on a certain date to _____ the plaintiff’s complaint.
document, defendant, action, appear, answer
Default Judgement: A ________ entered by a ____ against a ______ who has _____ to appear in court to answer or defend against the plaintiff’s claim.
judgement, court, defendant, failed
Answer: Procedurally, a defendant’s _______to a plaintiff’s ________.
response, complaint
Counterclaim: A ____ made by a ________ in a _____ lawsuit against the plaintiff. In effect, the defendant is _____ the plaintiff.
claim, defendant, civil, suing
Reply: Procedurally, a plaintiff’s ________ to a defendant’s ________.
response, answer
Motion to Dismiss: A ________ in which a defendant ______ the facts as alleged by the plaintiff but ______ that the plaintiff’s claim to state a cause of action has no _______ in law.
pleading, admits, asserts, basis
Motion of Judgement on the Pleadings: A _____ by ______ party to a lawsuit at the close of the pleadings _________ the court to decide the issue ______ on the pleadings without proceeding to ______. The motion will be granted only if no _____ are in dispute.
motion, either, requesting, solely, trail, facts
Motion for Summary Judgement: A ________ requesting the court to enter a ________ without proceeding to ____. The motion can be based on _______ outside the pleadings and will be ______ only if no facts are in ______.
motion, judgment, trail, evidence, granted, dispute
Discovery: A method by which the _______ parties obtain information from each other to ________ for trail.
opposing, prepare
Deposition: The ___________ of a party to a _______ or a _____ taken under oath before a trial.
testimony, lawsuit, witness
Interrogatories: A series of _____ questions for which written answers are prepared by a _______ to a lawsuit, usually with the assistance of the party’s ________, and then signed under oath.
written, party, attorney
E-Evidence: A type of _________ that consists of all ___________-generated or _________ recorded information.
evidence, computer, electronically
Voir Dire: An important part of the ____ selection process in which the attorneys question ___________ jurors about their ________, attitudes, and biases to ascertain whether they can be _______ jurors.
jury, prospective, backgrounds, impartial
Motion for a Directed Verdict: A motion for the judge to take the ________ out of the hands of the ____ and to _______ a verdict for the party making the motion on the ground that the other party has not produced __________ evidence to support his or her decision.
decision, jury, direct, sufficient
Award: The _______ compensation given to a party at the end of a trial or other proceeding.
monetary
Motion for Judgment N.O.V.: A motion _______ the court to grant judgment in favor of the party making the _____ on the ground that the jury’s _______ against him or her was _________ and erroneous.
requesting, motion, verdict, unreasonable
Motion for New Trail: A motion _______ that the trail was so _____________flawed (because of ____, new discovered ________, prejudice, or another reason) that a new trail is ________ to prevent a _________ of justice.
asserting, fundamentally, error, evidence, necessary, miscarriage
Tort: A wrongful __( other than a breach of contract) that results in ______ or _______ to another and leads to civil liability.
act, harm, injury
Business Tort: Wrongful __________ with another’s business _____ and __________.
interference, rights, relationships
Damages: A __________ award sought as a remedy for a _________ of contract or a tortious action.
monetary, breach
Compensatory Damages: A _________ award equivalent to the ______ value of injuries or damage sustained by the _________ party.
monetary, actual, aggrevated
Punitive Damages: Monetary _________ that may be awarded to a _______ to punish the defendant and deter similar conduct in the future.
damages, plaintiff
Intentional Tort: A wrongful act __________ committed.
knowingly
Tortfeasor: One who _____ a tort
commits
Assault: Any _____ or ______ intended to make another person _______ of immediate physical harm-a ________ believable threat.
word, action, fearful, reasonably
Battery: Unexcused ________ or ________ physical contact with another that is ___________ performed.
harmful, offensive, intentionally
Defense: A reason ______ and ________ by a defendant in an action or lawsuit as to why the plaintiff should not ______ or _____ what she or he seeks.
offered, alleged, recover, establish
Actionable: Capable of serving as the basis of the _______. An actionable _____ can be pursed in a lawsuit or other court action.
lawsuit, claim
Defamation: Anything _______ or _______ spoken that causes injury to another’s ____ name, reputation, or character.
published, publicly, good
