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CLNC > Module 2 - The Litigation Process > Flashcards

Module 2 - The Litigation Process Flashcards

1
Q

Incident

A

Any event that suggests the possibility of a lawsuit.

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2
Q

Tort

A

Legal wrongdoing

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3
Q

Plaintiff

A

Person allegedly harmed by a wrong and bringing the suit. May be living, deceased, and/or a corporation. May be one or multiple.

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4
Q

Defendant

A

Person or company defending or denying; the party against whom relief or recovery is sought. May be one or multiple.

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5
Q

Tortfeasor

A

Wrongdoer; one who committed the tort.

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6
Q

Actions following an incident.

A

The potential defendant should document the incident in accordance with industry standards and take personal notes.

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7
Q

Power of Attorney

A

Gives the attorney the power to act on behalf of the client.

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8
Q

Retainer Contract

A

Addresses fees, handling of expenses, and the attorney’s right to withdraw from the case

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9
Q

Unrestricted Medical Authorization

A

Allows the plaintiff’s attorney free access to any and all medical records, reports, etc.

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10
Q

Limited Medical Authorization

A

Allows an attorney access to medical record with certain restrictions. (Usually defense attorney.)

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11
Q

Attorney Referrals

A

The first attorney may refer the case out to an attorney who specializes in the matter, but must remain active on the case to collect fees.

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12
Q

Notice Letter

A

Written notice of pending suit must be given to the defendant against whom the claim is made or the suit is filed.

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13
Q

Technical Start of Suit

A

The lawsuit technically begins when the plaintiff files a complaint or petition.

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14
Q

Complaint/Petition

A

Legal document containing the allegations and legal basis to support a claim for the case.

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15
Q

Jurisdiction

A

The power, right, and inherent authority of a court to hear a case and apply the law.

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16
Q

Venue

A

The geographical area in which a court with the proper jurisdiction may hear a case.

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17
Q

Courts of Special Jurisdiction

A

May only hear specific case types, i.e. family law, probate, tax, etc.

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18
Q

Courts of General Jurisdiction

A

May hear any cases not specifically reserved for courts of special jurisdiction.

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19
Q

Statue of Limitations

A

The statue expires at the end of a specified period that starts with the ascertainable date of the tort. The complaint must be fled before the statue of limitations expired.

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20
Q

Complaint

A

Can and will be amended numerous times during the lawsuit as allegations increase.

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21
Q

Expert Affidavit

A

Certificate of merit/good faith required by some states to be filed at the time the suit is filed.

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22
Q

Summons

A

The instrument the court uses to announce the lawsuit to the defendant. The defendant must file an answer to all allegations and issues.

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23
Q

Answer

A

The formal document filed in response to the petition/complaint. Can and will be amended several times before trial.

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24
Q

Cross-Suit

A

A claim brought by a defendant against a codefendant, plaintiff, or third party.

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25
Q

Settlement

A

An agreement between parties to an incident, claim, or lawsuit that resolves their legal dispute. May or may not admit wrongdoing.

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26
Q

Settlement Brochure

A

Contains summary of facts, before/after of plaintiff.

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27
Q

Motion

A

An application to the court for a rule or order directing some action in favor of the applicant.

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28
Q

Discovery

A

Six types of procedures for obtaining information from other parties and witnesses before trial. Most important part of litigation.

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29
Q

Scope of Discovery

A

Any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense. Broader than what is admissible at trial.

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30
Q

Mandatory Disclosure

A

Disclosure of information that is likely to be sought in routine discovery, i.e. expert witness information.

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31
Q

Six Types of Disclosure

A 
Interrogatories
Requests for Production
Requests for Admission
Depositions
Subpoena
Physical/Mental Examination
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32
Q

Interrogatories

A

Type of disclosure where a set or series of written questions is directed to a party in the lawsuit requiring written response.
Limitation - 25 questions per side, including sub-parts.
Response - Answer or object, admissible as evidence at trial. Duty to supplement.

33
Q

Requests for Production

A

Type of disclosure - Request to another party in the lawsuit asking that party to produce certain documents or tangible items. General or specific.
Limitations - None
Response - Produce or object. Duty to supplement.

34
Q

Requests for Admission

A

Type of disclosure - A written statement of facts or opinion concerning the case submitted to a party to which that party must admit or deny under oath.
Limitations - None
Response - Answer, object, or state inability to answer. If no response within allotted time, that party is deemed to have admitted the statement. Duty to supplement.

35
Q

Depositions

A

Type of disclosure - An attorney questions a witness, party, or expert under oath in front of a court reporter and other attorneys prior to the trial. Admissible at trial.
Limitations - Only 10 per side, maximum 7 hrs/day.

36
Q

Subpoena

A

Type of disclosure - An order to compel testimony by a witness or production of evidence from a party not in the suit.

37
Q

Subpoena for Deposition

A

Requires the individual to appear at a certain time and place to give testimony on a certain matter.

38
Q

Subpoena Duces Tecum

A

A process by which the court, at the request of a party, requires a witness to produce certain documents or tangible items relevant to the subject matter. (Gas station surveillance video of a criminal act.)

39
Q

IME/DME

A

Any party whose physical or mental condition is in controversy may be required to have an examination.

40
Q

Alternative Dispute Resolution

A

Any procedure designed or used to resolve disputes outside the traditional legal system.

41
Q

Nonbinding

A

Unless the parties have agreed or have been ordered otherwise, they can ignore the decisions. ADR or Arbitration.

42
Q

Binding

A

Waive the right to trial with ADR or Arbitration.

43
Q

Arbitration

A

The process of submitting a dispute to a third party or neutral party or panel at a a formal hearing. The arbitrator renders an award or decision. (Judge Judy)

44
Q

Mediation

A

A nonbinding non-adversarial process in which a third party or neutral parties help resolve the dispute between themselves.

45
Q

Trial

A

A judicial examination, in accordance with the law of the land, of the issues between the parties before a court of proper jurisdiction.

46
Q

Judge

A

Presides over the case and decides questions of law.

47
Q

Jury

A

Decides questions regarding disputed facts that are material to resolving the dispute.

48
Q

Theory of Primacy

A

People believe whatever they hear first.

49
Q

Preponderance of the Evidence

A

Burden of proof on the plaintiff in a civil case.

50
Q

Beyond a Reasonable Doubt

A

Burden of proof on the plaintiff in a criminal case.

51
Q

Invoking the Rule

A

The witnesses on both sides may be sworn in and then removed from the courtroom.

52
Q

Jury Deliberation

A

The jury reviews facts and votes on the verdict.

53
Q

Verdict

A

The jury’s decision.

54
Q

Judgment

A

The court issues an order stating what relief is granted or refused.

55
Q

Functions of Appellate Court

A

To determine whether the case was tried in accordance with the law, and to determine whether the evidence in the record supports the verdict.

56
Q

A request for production is defined as:

a. A request for certain documents or tangible things.
b. Written questions to another party in the lawsuit.
c. A statement which the opposing party must admit or deny under oath
d. A document filed in response to a plaintiff’s complaint

A

a. A request for certain documents or tangible things.

57
Q

Written questions that a party must respond to in writing are called:

a. Requests for production.
b. Requests for admissions.
c. Interrogatories.
d. Affidavits.

A

c. Interrogatories

58
Q

Variables that impact who wins a lawsuit include:

a. The judge, witnesses, and evidence.
b. The judge witnesses, evidence, and attorneys.
c. The judge and evidence.
d. The evidence only.

A

b. The judge witnesses, evidence, and attorneys.

59
Q

At trial, presentations setting forth the basis on which the claim is made and what evidence the parties intend to present to prove their cases are the:

a. Cross-examinations
b. Direct examinations
c. Opening statements
d. Closing statements.

A

c. Opening statements.

60
Q 
A law that establishes the period of time in which a lawsuit must be filed is the:
a. Contingent limitation.
b. Limitation of assize.
c. Statue of limitations.
d Statue of prescription.
A

c. Statue of limitations.

61
Q

Who decides whether the defendant is negligent in a trial by jury case?

a. Judge
b. CLNC
c. Attorney
d. Jury

A

d. Jury

62
Q

A written statement of facts concerning the case submitted to an adverse party, which that party must admit or deny under oath is a(n):

a. Interrogatory.
b. Request for production.
c. Request for admission.
d. Deposition.

A

c. Request for admission.

63
Q

The primary purpose of discovery is:

a. To give the attorney an adrenaline fix.
b. To intimidate and harass the parties.
c. To avoid going to trial.
d. To obtain the truth about the facts of the case.

A

d. To obtain the truth about the facts of the case.

64
Q 
An informal method of discovery is:
a. Interrogatories.
b. Discussing the case with a client.
c. Requests for production.
d Requests for admission.
A

b. Discussing the case with a client.

65
Q

Which of the following is required under the federal mandatory disclosure rules?

a. The testifying expert’s employee file.
b. The amount of compensation paid to the testifying expert.
c. The testifying expert’s tax returns.
d. The testifying expert’s resume.

A

b. The amount of compensation paid to the testifying expert.

66
Q

Which of the following forms of discovery is usually used first?

a. Deposition.
b. Interrogatories.
c. IME
d. Requests for admission.

A

b. Interrogatories.

67
Q

The Federal Rules of Civil Procedure limit the number allowed for which of the following forms of discovery?

a. Requests for production and requests for admission.
b. Interrogatories and depositions.
c. Requests for admission and deposition.
d. Requests for production and interrogatories.

A

b. Interrogatories and depositions.

68
Q

Which of the following is generally privileged information?

a. Committee reports.
b. Incident reports.
c. Expert witness reports.
d. Addresses for witnesses.

A

a. Committee reports.

69
Q

Which of the following is required disclosure under federal mandatory disclosure rules?

a. Expert witness report.
b. Consulting expert report.
c. Conversations between the party and attorney
d. Conversations between a witness and the attorney

A

a. Expert witness report.

70
Q

Which of the following is TRUE regarding interrogatories?

a. A party has unlimited time to respond.
b. Responses are admissible as evidence.
c. The party must answer all interrogatories.
d. A party is not permitted to supplement responses.

A

b. Responses are admissible as evidence.

71
Q

The purpose of interrogatories is:

a. To force the opposition to admit to weakness.
b. To discover facts and pertinent information.
c. To avoid having to go to trial.
d. To give the jury a document to refer to during trial.

A

b. To discover facts and pertinent information.

72
Q

The scope of discovery is:

a. That which is admissible at trial.
b. Collaboratively established by attorneys.
c. Broader than what is admissible at trial.
d. Established by the attorneys and approved by the judge.

A

c. Broader than what is admissible at trial.

73
Q

T/F - Most attorneys consider discovery to be an insignificant process.

A

False

74
Q

T/F - Some states have mandatory disclosure.

A

True

75
Q

T/F - The Federal Rules of Civil Procedure limit the number of interrogatories to 25 plus unlimited subparts.

A

False

76
Q

T/F - The court can approve more than the limited number of interrogatories allowed.

A

True

77
Q

T/F - Discovery must be completed before depositions are taken.

A

False

78
Q

T/F - Requests for production include electronic media.

A

True

79
Q

T/F - There are no limitations on the number of requests for production.

A

True

CLNC (11 decks)

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