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Flashcards in Chapter 3 Deck (14):
1

Broadly speaking the litigation process has three phases which are

Pretrial, trial, posttrial

2

An attorney, before filing a complaint for a plaintiff will explain the fallowing

Probability of success
Procedures involved
Venue choices
How long it make take to resolve
Estimate of involved cost

3

Three types of fees used by attorneys

Fixed fees
Hourly fees
Contingency fees

4

Fixed fees are likely in what kind of situation

A specific service such as drafting a will

5

Hourly fees will most likely be used when

The matters involve an undeterminate amount of time.

6

Contingency fees are... Are mostly likely used under what circumstances

A fixed percentage (25-40) of a clients recovery. Personal injury
If lawsuit is unsuccessful the attorney receives no fee, but will have to be reimbursed for all out of pocket costs

7

Once an attorney has been retained, the attorney is obligated to

Persue a resolution of the matter on the clients behalf

8

An important consideration in deciding wether to pursue litigation in a civil claim is...

Defendants ability to pay damages sought

9

Complaint and answer together are known as

The Pleadings

10

Complaint contains

Facts showing court jurisdiction
Basis for relief
Remedy sought

11

Formally notifying the defendant of a lawsuit is called

Service of process

12

A notice requiring the defendant to appear in court

Summons

13

If someone fails to answer to a complaint what may be issued

Default judgment

14

All civil trials held in federal district courts are governed by

federal Rules of Civil Procedure