LEGL 2700 Chapter 3

Question 1

what is the name of the party that files the lawsuit?

Answer 1

plaintiff

Question 2

what is the name of the party who is sued?

Answer 2

defendant

Question 3

what is it called when the defendant makes claims against the plaintiff?

Answer 3

counterclaims

Question 4

what is the name for a defendant who was not named in the complaint but is later joined?

Answer 4

third party defendant

Question 5

what must a plaintiff establish in her complaint in order to have her case heard in court?

Answer 5

standing and jurisdiction (personal and subject matter)

Question 6

to establish standing, what must the plaintiff establish?

Answer 6

personal stake in the resolution and case or controversy

Question 7

what does case or controversy mean?

Answer 7

no advisory opinions, have to have parties who are disputing about something

Question 8

what does personal stake in the resolution mean?

Answer 8

cant sue on the behalf of someone else, injury must be concrete and particularized

Question 9

what is personal jurisdiction?

Answer 9

plaintiff has to show the court has power over the parties

Question 10

How is PJX obtained over an in-state criminal defendant?

Answer 10

have to be arrested in the state

Question 11

how is PJX obtained over an out of state criminal defendant ?

Answer 11

extradition

Question 12

how is PJX obtained over an in-state civil defendant?

Answer 12

through being served a summons of process

Question 13

how is PJX over an out of state civil defendant?

Answer 13

long arm statute

Question 14

what is long arm statute?

Answer 14

a statute that allows for a court to obtain personal jurisdiction over an out-of-state defendant

Question 15

what does minimum contacts mean?

Answer 15

defendant committed the tort in the state
owns property in the state or
transacted business

Question 16

what is a class action lawsuit ?

Answer 16

one or more plaintiffs file suit on their own behalf and on behalf of all other person who may have a similar claim

Question 17

what has to happen before you have a class action lawsuit?

Answer 17

must have commonality

Question 18

what was the Walmart v Dukes case not certified?

Answer 18

the claims were too diverse and lacked commonality

Question 19

what are the pleadings in pretrials?

Answer 19

the complaint, the document filed by the plaintiff at the beginning of the lawsuit

Question 20

what is an answer?

Answer 20

defendants response to plaintiff’s decision

Question 21

what is discovery?

Answer 21

procedures by which one party obtains info relevant to the case from the other party

Question 22

what is the standard for discovery?

Answer 22

as long as the info sought will lead to evidence admissible during trial

Question 23

what are the methods of discovery?

Answer 23

interrogatory
request for production of documents
deposition
request for admission

Question 24

what is interrogatory?

Answer 24

written question written by one party to another open ended

Question 25

what is request for production of documents?

Answer 25

asking for relevant documents for the case from the other side

Question 26

what is deposition?

Answer 26

sworn questioning of witnesses

Question 27

what is request for admission?

Answer 27

ask a party to admit certain facts

Question 28

what does res judicata mean?

Answer 28

a matter judged

Question 29

what are the res judicata issues?

Answer 29

1. same facts
2. same parties
3. final judgment based on first case

Question 30

what are the appellate procedures?

Answer 30

brief and oral argument

Question 31

who is the appellant?

Answer 31

person who is appealing

Question 32

who is the appeali?

Answer 32

person who needs to respond

Question 33

what are the steps to the appeals steps process?

Answer 33

notice of appeals filed
parties file briefs
oral arguments made
court announces decision
petition to higher court
higher court denies or allows reviews
final decision

Question 34

what do the courts of appeal deal with?

Answer 34

the record of the proceeding in lower court

Question 35

what do the courts of appeal determine after studying the issues, testimony and proceedings?

Answer 35

whether prejudicial errors occurred or whether the lower court reached and errorneous result

Question 36

what are the post trial motions?

Answer 36

motion for judgment notwithstanding the verdict and motion for a new trial

Question 37

what does motion for judgment notwithstanding the verdict mean?

Answer 37

judgment as a matter of law in federal court

Question 38

when is motion for judgment notwithstanding the verdict granted?

Answer 38

if the judge finds that reasonable persons viewing the evidence would not reach the verdict

Question 39

when is motion for a new trial granted?

Answer 39

if a legal mistake is made

Question 40

what are the pretrial motions?

Answer 40

motion to dismiss
motion for judgment on the pleadings
motion for summary judgment

Question 41

what is an example for motion to dismiss?

Answer 41

lack of personal jurisdiction

Question 42

what is an example of motion for judgment on the pleadings?

Answer 42

the complaint does not meet the elements to state the claim

Question 43

what is motion for summary judgment?

Answer 43

no genuine factual dispute exist

Question 44

Griffin sues Pedro claiming that Pedro caused a car accident that left Griffin paralyzed. In discovery, a video is produced that clearly shows that Pedro did not cause the car accident

Answer 44

motion of summary judgment because there is no genuine factual dispute existing

Question 45

what are the pretrial steps?

Answer 45

1. plaintiff files complaint
2. complaints and summons served on defendant
3. defendant files motion or answer with possible counterclaims and defenses
4. court rules on motions
5. plaintiff files reply to answer
6. attorneys conduct discovery procedures
7. parties files motions for summary judgment or judgment on the pleadings
8. court conduct pretrial conference

Question 46

what are the trial steps?

Answer 46

1. Voir Dire
2. opening statements
3. evidence presented
4. defendant moves for directed verdict
5. defendant presents evidence through witnesses
6. closing arguments
7. court instructs jury on the law
8. jury deliberates and make decisions
9. jury enters judgment or verdict
10. losing party files post trial motion