Litigation Flashcards
Litigation
Formal method for resolving a dispute in a socially acceptable matter between private parties
Civil procedure
Is the body of law that estructures the mechanism
- Sets out the rules and standards that courts follow when adjudicating civil lawsuits
Breach
Violation of a contract
Service of process
Hacer saber que se está demandando / emplazamiento
Tort
Responsabilidad civil
What does claim searches for
A remedy which can be solved by:
- Damages ($)
- Injuction (suspensión de la acción)
FRCP
Federal Rules of Civil Procedure - the U.S. federal rules for civil process are codified in there
- Each state is free to develop its own system. 35 states have adopted the FRCP
USC
United states code (50 titles)
How does a civil action usually starts?
I)
1. The plaintiff will file a summons (citatorio) and a complaint (demanda) with the clerk of court
Summons
Is a document that starts the plaintiff’s action; it requires the defendant to appear and answer the complaint
Complaint
Is a separate document that sets forth the elements of the “cause of action”
- Describes the plaintiffs damages or injury
- Shows how the defendant caused them harm
- Show that the court has jurisdiction
- Asks the court to order relief or remedy
Who serves the summons and the complaint
A sheriff or a process server
What determines jurisdiction on state level
- Personal (parties) : where did the event happen?
- Subject - matter: type of case
Appearing pro se
Plaintiff represents by himself, without an attorney
- A company cannot appear pro se
File of an appearance
II)
Is a simple document that sets forth the name and address of the attorney
Responsive pleading
IV)
Is the response to plaintiff’s complaint. For example may file an answer that dines some or all of the allegations
Motion to dismiss
IV)
Is an option for the defendant, it is filed for lack of personal jurisdiction of subject matter jurisdiction or if the statute of limitations has expired (prescripción)
- Is a formal request to get rid of the case without ever reaching the substance of what happened
Counter claim or cross claim
V)
It is an option for the defendant (contrademanda) that could file it while receiving the complaint
Period of discovery
VI)
It is information parties will use in court, with tools such as:
- Interrogatories (written)
- Depositions (oral questions to the party or witness)
- Requests to produce:
- A business or personal documents for inspection
- Other evidence that might be used in the case - Requests to admit certain non-controversial facts
Suppress of evidence
VII)
It is an option for a party to move to suppress or exclude certain evidence
If parties do not settle
VIII)
The case will eventually be ser for trial (could be before a jury or a single judge-bench trial)
True or false: Criminal cases may have bench trials
False, criminal cases are always jury trial
Voir dire
IX)
“Speak the truth”
Is the process in a jury trial where each side will participate in the process of selecting jurors (usually 12 jurors)
*In some cases there are grand jury (25-30) in criminal cases in the early stages
Last process of litigation
X)
Both sides will make closing arguments and the jury will receive jury instructions to help it reach its veredict
- The judge will usually enter a judgment base on the jury’s veredict, but can decide different
- The losing side may decide to appeal to a higher court
Liable
Responsable
Standards in civil cases
Preponderance of evidence , jurors doesn’t have to agree unanimous
Diversity jurisdiction /action
When parties are from different places, they have to go to federal court (unless they convey on a court) - also has a min. cuantía
Strict liability
Type of tort derived from objects or products that didn’t work the way they supposed to
Proximate cause
Nexo causal
