Ch 4

Question 0

Defendant

Answer 0

Party sued

Question 1

Plaintiff

Answer 1

Party who files civil action

Question 2

Counterclaim

Answer 2

Filed when defendant wants to sue the plaintiff

Question 3

Counter plaintiff

Counter defendant

Answer 3

When a counter claim occurs, the plaintiff becomes the
counter defendant and the defendant becomes the counter
Plaintiff

Question 4

Third party defendants

Answer 4

Someone has a liability to defendant when defendant

Has liability to plaintiff

Question 5

Standing to sue

Answer 5

Plaintiff established he Is entitled to have court decide

Dispute

Question 6

2 requirements to establish standing to sue

Answer 6

1 plaintiff must allege litigation involves case or controversy

2 plaintiff must allege personal stake in resolution
Showing adversarial relationship btw plaintiff and defendant

Question 7

Personal jurisdiction

Answer 7

Court has authority to all parties in case

Question 8

Summons

Answer 8

Notice to appear in court

Gives court personal jurisdiction over defendant

Question 9

No case can proceed forward without existence of both…

Answer 9

Subject matter and personal jurisdiction

Question 10

Long-arm statutes

Answer 10

Provide for service of process beyond state boundaries

Question 11

Service of process

Answer 11

Mail delivered summons

Question 12

3 valid reasons for long-arm statutes

Answer 12

1 defendant has committed tort within the state
2 owns property within state that is subject matter of lawsuit

3 has entered into contract within state or transacted the
Business that is subject matter of lawsuit within state

Question 13

Extradition

Answer 13

Process of requesting and transporting prisoner from

One state to another

Question 14

Class-action suit

Answer 14

One or more plaintiffs file suit on their own behalf and on

Behalf of all other persons who may have similar claim

Question 15

8 parts of pretrial procedure

Answer 15

1 plaintiff files complaint
2 complaints and summons served on defendant
3 defendant files motion or answer with possible
counterclaim and defenses
4 court rules on motions
5 plaintiff files reply to answer
6 attorneys conduct discovery procedures
7 parties may file motions for summary judgement or
Judgement on pleadings
8 court conducts pretrial conference

Question 16

Sample complaint, what 3 things does it explain?

Answer 16

1 sets parties (plaintiff and defendant)

2 explains how court has subject matter jurisdiction over
The case

3 explains how parties can be served

Question 17

Pleadings

Answer 17

Legal documents filed with court to begin litigation process

Question 18

Complaint, where is it delivered

Answer 18

Lawsuits begin with plaintiff filing a pleading with court clerk

Contains allegations by plaintiff and request for relief sought

It’s then delivered to the defendant

Question 19

Answer

Answer 19

Written response to the complaint by the defendant

Question 20

Default

Answer 20

Occurs if defendant doesn’t respond to the complaint

The court enters an order of default granting plaintiff
Relief sought by complaint

Question 21

Discovery process

Answer 21

Designed to ensure that results of lawsuits are based on
merits of the controversy;

not based on skill or cunning Of the counsel

Question 22

What does discovery ensure?

What does this usually lead to?

Answer 22

Ensures that each side is fully aware of all facts involved
In case and intentions of parties

Usually leads to settlements and avoiding actual court

Question 23

Method of discovery: Interrogatories

Answer 23

Present series of questions to opposite parties must be
Answered by party receiving them

Least expensive method of discovery

Question 24

Request for production of documents

Answer 24

After answers to interrogatories are received, either party Might ask the other to produce these specific documents Very important to the lawsuit's outcome

Question 25

Method of discovery: depositions Note: most expensive discovery method

Answer 25

Lawyers ask oral response of all potential witnesses And all spoken words are recorded by court reporter Leads to written transcript as permanent record for testimony

Question 26

Request for an admission, 2) what is its overall effect

Answer 26

Occurs After some or all methods of discovery are used either Party may request the other to admit certain issues Presented in pleadings are no longer relevant 2) narrows issues, makes settlement more likely

Question 27

The usual rule for allowing discovery

Answer 27

As long as info sought leads to admissible evidence during | Trial

Question 28

Litigation hold

Answer 28

Preserves all relevant data from being destroyed, altered | Or mutilated

Question 29

Filing a motion with the court

Answer 29

When question of law is at issue, parties seek pretrial determination of their rights

Question 30

Statute of limitations

Answer 30

Defendant moves to dismiss suit for reasons as matter | Of law prevent plaintiff from winning his suit

Question 31

Motion for Judgement of pleadings

Answer 31

Asks judge to decide case based solely on complaint and | Answer

Question 32

Motion for summary judgement

Answer 32

Seeks similar conclusion to litigation prior to trial Party filing this motion is asking judge to base decision Not only on pleadings, but other evidence

Question 33

Affidavits

Answer 33

Evidence presented in form of sworn statements

Question 34

Frivolous cases

Answer 34

Lawyers pay fine if case is determined to be frivolous

Question 35

Voir dire

Answer 35

Examination allows court and attorneys for each party to Examine each individual juror for qualifications and ability To be fair and impartial

Question 36

Peremptory challenge

Answer 36

No cause of reason needs to be given to excuse | prospective juror

Question 37

Motion for directed verdict (under rule 50: AKA Judgement as a Matter of Law)

Answer 37

Court can only direct for 1 party, if evidence establishes | As matter of law that party making motion is entitled to verdict

Question 38

Jury instructions, when do they occur? Define. Purpose

Answer 38

Following closing arguments Judge acquaints jury with law applicable to case Brings facts and law together in orderly manner

Question 39

10 steps of a trial

Answer 39

1 Voir dire - parties and their attorneys select jury 2 attorney's present opening statements 3 plaintiff presents evidence through witnesses 4 defendant moves for directed verdict 5 defendant presents evidence through witnesses 6 attorney's present closing arguments 7 court instructs jury on the law 8 jury deliberates and makes verdict 9Judge enters judgement on verdict 10 losing party files post trial motion

Question 40

Burden of truth (2 meanings depending on context), burden of persuasion

Answer 40

1 burden or responsibility person has to come forward with Evidence on issue 2 responsibility person has to be persuasive to specific fact (burden of persuasion)

Question 41

What can the burden of truth often determine?

Answer 41

Often determines outcome for one side or the other

Question 42

Beyond reasonable doubt

Answer 42

Burden of proof for criminal cases Convince jury that defendant is guilty so jury has no reasonable doubt

Question 43

2 standards for burden of proof in civil cases?

Answer 43

1 preponderance of evidence 2 clear and convincing proof

Question 44

What burden of proof standard is typically used in contract and tort cases?

Answer 44

Preponderance of evidence

Question 45

Preponderance of evidence

Answer 45

Achieved when greater weight of evidence in support | Of proposition than against it

Question 46

Clear and convincing proof

Answer 46

Requires more evidence than preponderance of evidence | And less than beyond a reasonable doubt

Question 47

Verdict

Answer 47

Decision of jury

Question 48

Judgement

Answer 48

Judges decision to be in favor of the verdict or not

Question 49

Judgement notwithstanding the verdict

Answer 49

Judge finds verdict is erroneous

Question 50

1 Appellant 2 Appellee

Answer 50

1 Appealing party 2 successful party in trial court

Question 51

1 Petitioner 2 respondent

Answer 51

1 party initiating petition for centiorari 2 other party in case

Question 52

7 steps of appellate review

Answer 52

1) party receiving adverse judgment files notice of appeal 2) parties file briefs in reviewing court 3) oral argument made in reviewing court 4) reviewing court announces decision 5) further review may be requested by petition to higher court 6) higher court allows or denies further review 7) final decision

Question 53

Brief

Answer 53

Filed by each party Contain short description of case, factual summary, Legal points and authorities, reason for decisions

Question 54

Oral argument

Answer 54

Specified amount of time attorney is given to orally to court Their position on the case

Question 55

5 things lawyers must show to preserve argument for appeal?

Answer 55

``` 1 objection is made 2 in timely manner 3 challenging evidence on specific grounds 4 lower court's ruling was wrong 5 the error harmed your client ```

Question 56

Execution of judgment

Answer 56

Sheriff or marshal seizes some property if debtor, sells | It at public auction and applies proceeds to creditor's claim

Question 57

Garnishment

Answer 57

Method of enforcement has portion of debtor's wages | Paid to court, which then pays creditor

Question 58

Res judicata

Answer 58

Final decision of court Conclusive on all issues between parties Decided on appeal or time for appeal has expired