Chapter10 Litigation Flashcards Preview

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Flashcards in Chapter10 Litigation Deck (182)
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1

prone to engage in disputes and litigation

Litigious

2

1. The formal process of resolving a legal dispute through the courts. 2. A lawsuit.

Litigation

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a legal controversy in which (1) one private person or entity sues another (2) a private person or entity sues the government. (3) the government sues a private person or entity for a matter other than the commission of a crime.

Civil Dispute

4

A legal controversy in which the government alleges the commission of a crime

criminal dispute

5

an award of money paid by the wrongdoer to compensate the person who has been harmed

damages

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legally responsible

liable

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legally responsible together and individually. Each wrongdoer is individually responsible for the entire judgment; the plaintiff can choose to collect from one wrongdoer or from all of them until the judgment is satisfied.

Joint and Several Liability

8

formally coming before a tribunal as a party or representative of a party. The appearance usually appears by filing a notice of appearance in court, which is often accomplished through a praecipe, a formal request to the court that something be done.

Appearance

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The attorney noted in the court files as the attorney representing a particular party. Sometimes they cannot withdrawal from the case without court permission.

Attorney of Record

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The court where the case it to be tried.

Forum

11

all the assets and liabilities of a descendent (one who has died) after he or she dies

Estate

12

the disputing parties are citizens of different states and the amount in controversy exceeds %75,000. This diversity gives jurisdiction to a US District Court

Diversity of Citizenship

13

The proper county or geographical area in which a court with jurisdiction may hear a case. the place of a trial.

Venue

14

(1) a plaintiffs first pleading stating a cause of action against the defendant (2) A formal criminal charge

Complaint

15

the person who initiates a civil action in court

plaintiff

16

A legally acceptable reason for suing. Facts that give a party the right to judicial relief.

Cause of Action

17

including facts in a pleading (ex. complaint) that if proved at trial, would entitle the party to judicial relief sought (assuming the other party does not plead and prove any defenses that would defeat the effort.)

Stating A cause of Action

18

one of two or more defendants sued in the same civil case or prosecuted in the same criminal case.

Codefendant

19

formal litigation documents filed by parties that state or respond to claims or defenses of other parties. Major types are complaint and answer.

Pleadings

20

a claimed fact: a fact that a party will try to prove at trial.

Allegation

21

A standard, legal term used to indicate that the allegation is not based on the firsthand knowledge of the person making the allegation but that the person, nevertheless, believes in good faith that the allegation is true.

Information and Belief

22

A clause stating the damages claimed

Ad damnum clause

23

a trial without a jury. Also called a nonjury trial.

Bench Trial

24

A trial in which a group of citizens resolves the issues or questions of fact. The judge decides the issues or questions of law.

Jury Trial

25

To deliver a document to a court officer so that it can become part of the official collection of documents in a case. To deliver a documents to a government agency,

File

26

A cover sheet filed in Federal Court along with the complaint indicating the names and addresses of the parties and their attorneys, the kind of action being filed, etc.

Civil Cover Sheet

27

A formal delivery of notice to a defendant, that a suit has been initiated to which he or she must respond. The most common method is to place the complaint and summons in the hand of the defendant.

Service of Process

28

A notice directing the defendant to appear in court and answer the plaintiffs complaint or face a default judgment.

Summons

29

someone with the authority to serve or deliver process.

process server

30

evidence that a summons or other process has been served on a party in an action.

Proof of service