Chapter 3 Flashcards

(38 cards)

1
Q

Plaintiff

A

PARTY THAT STARTS A LAWSUIT

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2
Q

Prosecution

A

The Government’s side in a CRIMINAL case

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3
Q

Defendant

A

The party that responds to a civil or criminal claim

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4
Q

Pro se

A

On one’s own behalf. Representing oneself in a civil or criminal case. Dont do it

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5
Q

In-house counsel

A

The attorney employed by and representing one enterprise, General Counsel for NVDA. Corp Dev

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6
Q

Outside counsel

A

Law firm attorneys representing a company or other enterprise. Bankers

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7
Q

Jury

A
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8
Q

Attorney-client privilege

A
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9
Q

Claim

A

Any legal right to seek a remedy for a wrong

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10
Q

Complaint

A

INITIAL Filing in a lawsuit

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11
Q

Answer

A

The defendant’s response to a complaint.

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12
Q

Affirmative defense

A

A defense that introduces NEW evidence

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13
Q

Counterclaim

A

A claim by a defendant against the plaintiff

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14
Q

Cross-claim

A

A claim between co-defendants and co-plaintiffs, to people not within original litigation parties.

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15
Q

Standing

A

The right to bring a lawsuit. at the right time, in litigation

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16
Q

Personal jurisdiction

A

A court’s jurisdictioin over parties in litigation

17
Q

Service of process

A

Physical delivery of legal documents to a defendant.

18
Q

Damages

A

Loss suffered by plaintiff, typically money.

19
Q

Injunction

A

An order by a court to a party to do something or to stop doing something

20
Q

Affidavit

A

A sworn statement in writing made under oath.

21
Q

Discovery

A

The method used in civil and criminal cases to obtain information about each part’s case.

22
Q

Interrogatory

A

Written questions posed by a party to another party during discovery.

23
Q

Request for production of documents

A

A demand for relevant case documents, typically internal filings for a company.

24
Q

Request for admission

A

A request for a party to admit certain documents as fact

25
Deposition
A sworn, oath testimony done outside of court, typically in discovery.
26
Work-product doctrine
Materials prepared in anticipation of litigation, protected from disclosure during discovery READ MORE
27
Harshman Case
READ IT
28
Subpoena
A legal order to appear in court or produce documents. Typically summons people or documents from people that are not parties of litigation.
29
E-Discovery
Electronic Discovery lol
30
Voir dire
Question of prospective jurors, not random, jurors are selected and this gets rid of bias in a fair way
31
Opening statement
The statement by attorneys to the jury at the beginning of the trial, laying out the essential facts of the case, no arguments being made.
32
Direct-examination
Examination through questuioninig of a wtwitness by the side that called the witness.
33
Cross-examination
Examination through a witness, by the opposite side who called the witness, always allowed, and proves fairness.
34
Closing arguments
Summation of the case presented by attorneys at the conclustipn of presentment of evidence.
35
Verdict
JURY'S DECISOIN
36
Judgment
Formal determination of a matter by the court.
37
Ripe
A claim timely ready for litigation.
38
Moot
Abstract and theoretical, in standing cases, is moot if granting the remedy asked would not help the plaintiff