Chapter 1 - Introduction to Litigation - Terminology Flashcards Preview

LAS109 - Civil Pro I > Chapter 1 - Introduction to Litigation - Terminology > Flashcards

Flashcards in Chapter 1 - Introduction to Litigation - Terminology Deck (35):
1

appellate court rules that the decision of the lower court should remain the same

affirm

2

appellate court rules that the decision of the lower court should remain the same with the exception that a particular element should be modified

affirm with modification

3

response by the defendant to the plaintiff's complain, which response admits or denies the various allegations and usually asserts a number of affirmative defenses

answer

4

court decisions interpreting the law

cases

5

resolution of disputes between private parties through the court system

civil litigation

6

body of law brought to America by colonists; developed in England from custom and usage and affirmed by English judges and courts

common law

7

Money damages that compensate the injured party, including damages that flow directly from the injury or breach. May be general or specific

compensatory damages

8

the document filed with the aggrieved party to commence litigation

complaint

9

occurs when two or more parties with adverse interests are represented by the same counsel

conflict of interest

10

highest law of federal or state governments.

constitutions

11

Litigation decisions that are decided in a court of law

court cases

12

intermediate appellate court under the federal court system

court of Appeals

13

monetary compensation requested by the plaintiff from the defendant

damages

14

equitable remedy used by the plaintiff when a controversy arises over the rights and obligations of the parties and neither party is yet in breach of these obligations

declaratory relief

15

failure of a party to respond to the pleadings of the opposite party. Usually when a defendant does not respond to a complaint

default

16

party who defends an action brought by the plaintiff

defendant

17

stage in litigation process whereby the parties conduct formal fact investigation through written responses and oral testimony received from the other side

discovery and motion stage

18

relief requested by the plaintiff from the defendant that is usually designed to prevent some future harm. Distinguished from legal remedy -- money damages

equitable remedy

19

equitable remedy used by the plaintiff to stop certain conduct or actions of the defendant

injunction

20

generally a request by the plaintiff for money damages from the defendant

legal remedy

21

resolution of disputes through the court system

litigation

22

written or oral request made by a party to the court for some order or ruling by the court

motion

23

party who brings action

plaintiff

24

formal written document by parties to either start or respond to the litigation. The initial pleading is usually the complaint.

pleading

25

Motions made after litigation has commenced but before trial begins

pretrial motions

26

rules providing that certain communications are inadmissible because the communications are deemed to be confidential

privileges

27

damages given to the plaintiff when the defendant's conduct is willful or malicious. Meant to punish the wrongdoer and may stack on compensatory damages. Sometimes called exemplary damages.

punitive damages

28

The appellate court rules that the decision of the lower court should be changed.

reverse

29

The appellate court rules that the decision of the court below should be changed and that the case should be sent back to the court for further proceedings.

reverse and remand

30

laws enacted by state or federal legislatures, sometimes called codes

statutes

31

notice accompanying the complaint that commands that the defendant appear and defend against the action within a certain time period or else judgment may be entered against the defendant

summons

32

motions made by any party either during trial or after trial

trial and post-trial proceedings

33

court where the complain is filed and litigation commences

trial court

34

name of the trial court under the federal system

United States District Court

35

highest appellate court in the federal court system

United States Supreme Court