Litigation Ch. 1 Flashcards
Actionable
An act or occurrence is actionable if it provides legal reasons for a lawsuit.
Action
A claim that has been placed in a suit. A lawsuit.
Adverse parties
Parties are adverse when their interest in the outcome of the litigation conflict.
Alternative dispute resolution (ADR)
Any procedure or method for resolving disputes between persons that does not involve the courts.
Assault
A cause of action in tort that allows the victim to obtain money damages for personal injury, usually mental suffering, caused by an intentional threat of serious bodily harm or death even through no physical contact occurs.
Assignment
A transfer of one’s property or legal rights to another.
Answer
A defendants pleading in which the defendant admits and/or denies the plaintiff allegations.
Battery
A battery gives rise to an action in tort for personal injury.
Breach of contract
A cause of action to recovery money damages, flowing from a person’s violation of the terms of a contract.
Breech of warranty
.
Cause of action
A claim that is recognized by law and enforceable through the courts. A claim in which a court may grant relief.
Claim
A demand for compensation or restitution for personal injury, property damage, or loss of profits.
Collateral estoppel
.
Common Law
A system of law that is based on precedent, rather than a civil code of laws.
Compensatory Damages
.
Complaint
A document used in civil litigation to state a claim against a defendant.
Conclusions of Law
Determination judges make when applying the law to a given set of facts.
Contempt of Court
.
Contribution
.
Counter Claim
.
Cross-claims
.
Damages
.
Declaratory judgment action
.
Defendant
The person against whom a legal action is brought.
Dismissal
The termination of a lawsuit pursuant to rule 41.
District Court
Trial courts of the United States court system,and in some states,low-level state courts (or even apples courts).
Enjoin
.
Estop
.
Evidence
Anything that tends to prove a fact, especially testimony and exhibits offered at a trail.
Fact Finder
The fact finder must consider and weigh the evidence to resolve disputed facts and determine the ultimate questions of fact.
Findings of Fact
A determination of facts made by the fact finder from the evidence produced in a trial.
Fraud
.
Guardian ad Litem
.
General Verdict
A verdict in which the jury simply finds in favor of the plaintiff by specifying an amount of money damages, or finds for the defendant.
Injunction
.
Judgment
(1) a courts ultimate determination of the parties rights and obligations concerning a particular matter.
Judgment Debtor
A persons Against whom a judgement has been entered declaring he or she is indebted to the judgment creditor for a stated sum of money.
Jurisdiction
The power and authority of a court.
Legal Duty
A duty that the law imposes on a person to act or refrain from acting.
Liable
.
Model Rules of Professional Conduct
.
Necessary Parties
.
Negligence
.
Order for Judgment
A trial courts order directing the clerk or administrator to enter a judgment in the judgment book, including the terms of the judgment.
Original Jurisdiction
The court in which an action may properly be commenced.
Overrule
.
Party
A natural person,corporation,or other legal entity that is the plaintiff or defendant in a civil action.
Plaintiff
A person who brings (starts) a lawsuit against another person.
Personal Jurisdiction
.
Procedural Law
The rules of law that govern the conduct of a legal procedure or process, as distinguished from the law that determines the parties substantive rights.
Punitive Damages
.
Real party in Interest
.
Relief
A remedy, redress or assistance that a court awards to a party, other than money damages.
Remedy
The means by which a right is enforced or satisfaction is gained for a harm done.
Res Judicata
.
Restraining Order
.
Rules of Evidence
Rules that govern the admissibility of evidence at trial.
Service of Process
.
Settlement
.
Special Verdict
.
Splitting a cause of action
.
Stare Decisis
.
Strict Liability
.
Subject matter jurisdiction
.
Subpoena
.
Subrogation
.
Substantive law
Law that creates, defines, and regulates legal rights between persons.
Summons
.
Taxable Costs
.
Territorial Jurisdiction
.
Third-party Action
.
Trespass
.
Tortfeasor
.
Vicarious Liability
.
Waive
.
