Terms Flashcards
What type of lawsuit classification does Zantac fall under?
MDL (Multi-District Litigation)
What are the types of Cancers that Zantac has caused?
Bladder, Breast, Colorectal/Intestinal, Esophageal, Gastric, Kidney, Liver, Lung, Pancreatic, Prostate, Death
Who is the Defendant?
The person defending or denying a lawsuit
Who is the Plaintiff?
The person who brings a lawsuit to action
What is a litigation?
Formal court process to enforce/defend legal rights in a lawsuit
What are the steps of a litigation?
- Pleading Stage
- Answer or Motion to Dismiss
- Discovery Stage
- Dispositive Motion Stage
- Issues of Law
- Trial Stage
What is the pleading stage?
Begins with a complaint. A complaint is a doc filed by the plaintiff laying out the allegations against the defendant.
What is a Motion to Dismiss?
A request to a judge by the defendant, asserting that even if all the allegations are true, the plaintiff is not entitled to any legal relief and thus the case should be dismissed.
Discovery Stage
Longest Stage of Litigation. Facts and info are exchanged.
What are the most common types of Discoveries
- Request for Production
- Interrogatories
- Request for Admissions
- Depositions
What is a Request for Production?
Part of the Discovery Stage. Where one party makes a list of documents/other things they’d want to receive by the other party.
What is an Interrogatory?
Part of the Discovery Stage. One party writes questions, and the other answers them.
What is a Request for Admissions?
Part of the Discovery Stage. One party will write a statement to the other party, who will either admit or deny.
Depositions
Part of the Discovery Stage. When a lawyer sits down with a witness to a case and asks them questions. This is a pre-trial testimony that’s given under oath. There must be a recorder present.
What is a Dispositive Motion Stage
A motion which can end a part (all) of the lawsuit.
Motion for Summary Judgement
means that there are no longer any facts in a dispute through the discovery process
What are Issues of Law
Resolved by the judge & come to a ruling & make a decision. The judge can also not agree to the motion and say there’re “issues of fact” and send the case to trial.
What is Ex-Parte
Motion for orders that can be granted w/o waiting for a response from the other side. Ex: Temporary Restraining Order
What is a Motion
Not pleadings, but requests for the judge to make a decision on a certain matter/issue before trial begins.
