Legal Procedures Flashcards
Journey Of A Case through Courts
What are the main ways conflicts can be resolved in legal procedures?
Lawsuits, Settlements, Alternative Dispute Resolution Methods (Arbitration, Mediation).
Who are the main parties involved in a lawsuit?
Plaintiff and Defendant.
How to commence a lawsuit (procedure)?
Complaint, summons, service of process, responses to the complaint, responses to the answer, and summary judgment motion.
What is a Complaint in legal terms?
A document issued by the plaintiff containing allegations, statement of jurisdiction, basis for the claim, and claim for relief.
What is the purpose of a Summons?
It is a document ordering the defendant to appear and defend themselves.
What are preliminary motions? (responses to a complaint)
Addressed to defects in the complaint before filing an answer.
What occurs during the Discovery phase?
Each side presents evidence relevant to the case.
What is the service of process?
Delivery of summons and complaint to the defendant.
What is a summary of judgment motion?
The moving party asks the judge to decide the case in his favor, without the need of a trial.
What is pre-trial procedure?
Discovery and pretrial conference
What is the purpose of a Pretrial Conference?
A meeting between the judge and lawyers to discuss case details and encourage settlement.
Trial process?
Selection of the jury, opening statements, cases-in-chief (The plaintiff presents evidence, then the defendant), plaintiff’s rebuttal (plaintiff can present evidence), summations/closing statements (attorneys summarize the case to the jury), charging the jury (judge informs the jury of the laws applicable to the case), jury deliberations, verdict, and judgment (official decision of the judge).
