Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

AIC 30 > Litigating Claims > Flashcards

Litigating Claims Flashcards

1
Q

Typical Lawsuit stages

A
  1. Pleadings Stage
  2. Discovery
  3. Pretrial motions and conference
  4. Trial
  5. Post-verdict motions
  6. Appeal
  7. Enforcement
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Pleadings Stage

A
  • Complaint
  • Summons
  • Answer
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Discovery Stage

A

Dispositions, interrogatories, documents, examinations, and admission
-Often determines outcome of lawsuit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Pretrial Motions and Conference

A

Meet with the judge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Trial

A
  • Jury selection
  • Opening statements
  • Evidence presentation
  • Bench conferences
  • Closing arguments
  • Jury deliberations
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Post-Verdict Motions

A

-Lawyers may submit motions during this phase

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Appeal

A

Either party may appeal

Higher court may affirm, decline, reverse, or vacate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Enforcement

A

court secures payment

Writ of execution or garnishment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Complaint

A

allegations made by a plaintiff in a lawsuit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Summons

A

a lawsuit has been started and that the defendant has a specified amount of time to answer the complaint

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Answer

A

document filed in court by a defendant responding to a plaintiff’s complaint and explaining why the plaintiff should not win the case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Pleading

A

formal written statement of the facts and claims of each party to a lawsui

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Discovery

A

pretrial exchange of all relevant information between the plaintiff and defendant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Jurisdiction

A

particular court’s power or authority to decide a lawsuit of a certain type or within a certain territory

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Venue

A

locale in which the lawsuit may be brought

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Allegation

A

claim made in the complaint by the plaintiff, specifying what the plaintiff expects to prove to obtain a judgment against the defendant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Service of process

A

delivery of a summons and complaint to a defendant by an authorized person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Federal Rules of Civil Procedure

A

set of rules established to ensure that civil actions and procedures move through the United States district courts as quickly as possible

19
Q

Actual service

A

Hand delivery of a summons and complaint to a defendant

20
Q

Substituted service (constructive service)

A

Any method of notifying a defendant of a lawsuit other than personal delivery of a summons and complaint

21
Q

summons and complaint will contain

A
  1. Give notice
  2. Reveal facts
  3. Formulate legal causes of action
  4. State the damages sought
22
Q

excess letter

A

provide the insured with the option of hiring separate defense council to work with the insurer’s defense counsel when damages sought are in excess of policy limits

23
Q

Affirmative defense

A

legal defense arguing that even if the plaintiff’s factual allegations are correct, there are overriding reasons the defendant should not have to pay damages

24
Q

Counterclaim

A

complaint brought by the defendant against the plaintiff

25
Q

Default judgment

A

automatic judgment against a party to a lawsuit who fails to appear in court or to answer a pleading
-automatically give the plaintiff all the damages asked for in the complaint

26
Q

lawsuit transmittal documents

A

Case caption
Title of the court in which the lawsuit is filed, along with the court’s location
Court claim number
Insurer’s name and claim number
Date of loss
Name and address of the plaintiff’s attorney
Plaintiff attorney’s claim number, if applicable
Details of service of process
Name and address of the insured
Identity of all defendants to be defended by the appointed attorney, along with any relevant information regarding defendants in the lawsuit not to be defended by the counsel
Policy number and policy type
Policy limit
Deductible, if applicable
Presence of demand in excess of policy limits
Results of investigation conducted to date
Additional planned investigation
Details of any settlement negotiations conducted
Billing guidelines, if not already provided
Litigation reporting schedule by defense counsel, if not already provided
Request for liability analysis
Request for litigation plan

27
Q

litigation plans outline a strategy to reach one of these objectives

A

Defend the lawsuit at trial
Settle the lawsuit
Conduct additional investigation to decide on the goal

28
Q

Request for production of documents

A

request made by either the plaintiff or defendant in a lawsuit to the opposing side to provide all the documents and other tangible evidence it has in its possession relating to the facts of the case

29
Q

Interrogatories

A

Specific written questions or requests raised by one party to a lawsuit that the opposing party must answer in writing

30
Q

Admissions

A

Factual statements that, unless denied, bind the party at trial

31
Q

5 most commonly used methods of discovery

A 
Requests for production of documents
Interrogatories
Depositions
Physical or mental examinations
Admissions of facts not in dispute
32
Q

Stare decisis

A

The principle that lower courts must follow precedents set by higher courts
The practice of using precedent in litigation

33
Q

Motion to dismiss

A

A request that a court terminate an action because of settlement, voluntary withdrawal, or procedural defect.

34
Q

Motion for summary judgment

A

A pretrial request asking the court to enter a judgment when no material facts are in dispute.

35
Q

Motion in limine

A

A pretrial request that certain evidence be excluded from the trial.

36
Q

Voir dire

A

The process of examining potential jurors about their possible interest in the matters presented at trial, their ability to decide the case fairly and without prejudice, and their overall competence to serve as jurors.

37
Q

Peremptory challenge

A

A lawyer’s ability to object to a potential juror’s placement on the jury without having a specific reason.

38
Q

Burden of proof

A

the duty of a party to prove that the facts it claims are true

39
Q

Preponderance of evidence

A

Evidence supporting the jury’s decision that is of greater weight than the evidence against it

40
Q

Directed verdict

A

An order to the jury from the presiding judge to return a specific verdict

41
Q

4 activities for preparing for a civil trial

A
  1. Trial strategy
  2. Pretrial motions
  3. Pretrial conferences
  4. Additional investigation
42
Q

three common pretrial motions

A

Motion to dismiss
Motion for summary judgment
Motion in limine

43
Q

Flat fee

A

A fee arrangement in which the attorney agrees to handle the case from start to finish for a specified amount.

44
Q

Phased fee

A

A fee arrangement in which the attorney agrees to handle each phase of litigation for a specific fee.

AIC 30 (15 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions