THE CIVIL JUSTICE SYSTEM Flashcards
A civil action
arises when individuals or business entities (such as corporations or partnerships) disagree on a legal matter
tort
a claim that one part has violated a legal duty owed to it by the other party
plaintiff
The person who sues
defendant
the person being sued
Discovery
a pre-trial session with the opposing party
affidavit of documents
which lists and describes all documents in its possession which are relevant to any matter at issue in the case
Litigation privilege
protects communications or documents prepared in anticipation of litigation
Attorney-client or solicitor-client privilege
protects information provided by the client to the solicitor which is necessary in order to obtain legal advice
Settlement negotiations.
Pre-trial settlement negotiations are also privileged.
examination for discovery.
procedure in which A party may be examined or questioned by the other party either orally or by written questions
motion for summary judgment
a written request for a judgment in the moving party’s favor before a lawsuit goes to trial and based on recorded (testimony outside court) affidavits (or declarations under penalty of perjury), depositions, admissions of fact, answers to written interrogatories (written questions), claiming that all factual and legal issues can be decided in the moving party’s favor
Declaratory remedies
are those in which the court states or declares the rights of the parties
Equitable remedies
are remedies used when the legal remedy by itself would be inadequate compensation for the wronged suffered
injunction
court order by which a party is required to perform, or is restrained from performing, a specific act
hearsay evidence
testimony based on what a witness heard from another person that is offered to prove that the assertion made by the other person is true
Remedies fall generally into three categories
monetary remedies (damages), declaratory remedies, and equitable remedies
Damages are
the remedy most commonly available to the successful plaintiff, and the main
purpose of damages is to compensate the plaintiff for the loss caused by the defendant.
A judge or jury, however, may occasionally award ____ or _____ damages in addition
to those that would ordinarily be payable.
punitive - exemplary
