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Paralegal > Civil Litigation > Flashcards

Civil Litigation Flashcards

1
Q

…………….is the paperwork that is filed with the court to initiate or respond to a lawsuit

A

A Pleading

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2
Q

The two major pleadings are:

A

The complaint or petition, and

The answer

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3
Q

In federal court, it’s a

A

complaint.

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4
Q

In Texas state court, it’s a

A

petition.

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5
Q

A Complain or petition contain:

A

The names of the parties to the lawsuit;
The facts of the case;
The law that was violated; and
The prayer for relief.

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6
Q

Once a complaint/petition has been filed, the court issues a ———————-

A

summons.

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7
Q

A summons is a ————————- directing the defendant to appear in court and answer the complaint or petition.

A

court order

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8
Q

A sheriff, ————–, or ………………….. may serve the complaint/petition on the defendant.

A

govt official

private process server

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9
Q

If several plaintiffs have filed separate lawsuits stemming for the same fact situation against the same defendant, the court can initiate a —————————-of the cases into one case if it would not cause undue prejudice to the parties.

A

consolidation

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10
Q

give an example of a consolidation case

A

Airplane chush cases

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11
Q

prayer equals to

A

request

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12
Q

If a judge decides that the claim “has no basis in law or fact,” the ——————may be ordered to pay the defendant’s costs.

A

loser

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13
Q

If a plaintiff rejects a settlement offer, and later wins an award that is less than 80% of the rejected offer, can the defendant recover litigation costs out of the jury award.?

A

yes

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14
Q

When you are first assigned a new case you should ………………..

A
  1. Create a Cast of Characters;
  2. Draft a Chronology;
  3. Make an Issue List; and
  4. Make a Question List.
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15
Q

What is to Cast of Characters

A

it is a List of the individuals and organizations you know are involved in the dispute.
Also it catalog key documents and other important pieces of physical evidence.
it capture each player’s name and a description of the role the person, entity, or document plays in the case.

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16
Q

A …………… is a timeline.

A

chronology

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17
Q

What do you do in chronology

A
  1. List the facts and the dates.
  2. Make sure you include significant details.
  3. Include the sources for each fact.
  4. Include a “key fact” column to check off so that you begin to separate key facts from other facts.
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18
Q

an ———————– includes both legal claims and critical factual disputes.

A

issue list

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19
Q

The description could include a ————————-of each party’s position on the issue.

A

brief summary

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20
Q

If it’s a legal issue, include the …………………………….of the judge’s instruction.

A

potential language

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21
Q

When you start your analysis, Start a ………………………and begin to figure out how to answer them.

A

question list

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22
Q

—————-is an oral testimony given by a party or witness prior to trial, under oath, with a record.

A

Depositions

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23
Q

……………….are written questions submitted by one party to another party.

A

Interrogatories

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24
Q

————–are request by one party to another party to produce all documents relevant to the case.

A

Request for Production

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25
Q

Ex Parte means ——————-

A

from one party

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26
Q

As a legal term Ex Parte means————–

A

a situation in which one party has communication with the judge without the participation of the opposing party

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27
Q

————————— is a person who represents him/herself.

A

A pro se litigant

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28
Q

Kinds of pretrial or dispositive Motions

A

Motion to Dismiss

Motion for Summary Judgment

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29
Q

even if the facts in the plaintiff’s petition are true, a……………………………means there is no reason to continue the lawsuit

A

Motion to Dismiss

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30
Q

…………………………………is when there are no factual disputes and only matters of law are disputed.

A

Motion for Summary Judgment

31
Q

One purpose of the Pretrial Hearing is ……………

A

to facilitate settlement

32
Q

If settlement isn’t possible, then the hearing is used to ……………………..

A

identify major issues and other relevant facts.

33
Q

Trial is divided into the following phases:

A
  1. Jury selection
  2. Opening statements
  3. Plaintiff’s case in chief
  4. Defendant’s case in chief
  5. Rebuttal and rejoinder
  6. Closing arguments
  7. Jury instruction and deliberation
  8. Entry of judgment
34
Q

Voir dire is……………..

A

to speak the truth

35
Q

……………………….are used to exclude a juror without giving a reason

A

Preemptory challenges

36
Q

Once the right number of jurors is chosen, they are ————

A

impaneled and sworn.

37
Q

A pretrial hearing is also called———————-

A

settlement conference

38
Q

Some studies show that ————of jurors make up their minds by the end of the opening statements

A

80%

39
Q

in the ————————-Attorneys summarize that main factual and legal issues and why their client’s position is valid.

A

Opening Statement

40
Q

When the other side asks questions, that’s…………………………

A

cross examination.

41
Q

what happens after cross examination?

A

redirect and recross examination

42
Q

……………..has the burden of proof to persuade the trier of fact of the merits of its case

A

The Plaintiff

43
Q

The defendant must:

A
  1. Rebut the plaintiff’s evidence;
  2. Prove any affirmative defenses asserted by the defendant; and
  3. Prove any allegations contained in the defendant’s cross-complaint.
44
Q

When the …………………….rests, the ……………………..presents its case in chief.

A

plaintiff

defense

45
Q

When the ——————- rests, the plaintiff’s attorney can call witnesses and put on evidence to……………….. the defendant’s case

A

defendant

rebut

46
Q

When the defendant rests, the plaintiff’s attorney can call witnesses and put on evidence is called

A

rebuttal

47
Q

When the defendant’s attorney call additional witnesses and introduce other evidence to counter the rebuttal is called…………….

A

rejoinder

48
Q

During the ————————–new evidence cannot be presented

A

closing argument

49
Q

…………are not considered to be evidence

A

closing arguments

50
Q

………………………..is also called Jury Instructions

A

Jury charge

51
Q

in the jury charge appears……………………..

A

what law to apply in deciding the case

52
Q

Afterwards, the …………….announces its verdict (in federal court). In Texas court, the ……………reads the verdict

A

jury

clerk

53
Q

The ……………….. is the official decision of the court.

A

entry of judgment

54
Q

JNOV stands for

A

Judgment Non Obstante Verdicto

55
Q

………………..is when the judge reduces the amount of damages awarded if he finds the jury was biased, emotional, or inflamed

A

remittitur

56
Q

When the judge reduces the amount of damages awarded if he finds the jury was biased, emotional, or inflamed is called………….

A

remittitur

57
Q

Who can appeal once a final judgment is enterd?

A

both sides

58
Q

A …………….must be filed within a prescribed time after judgment is entered

A

notice of appeal

59
Q

The appealing party is the——————-or———–

The responding party is the —————–or————

A

appellant or petitioner.

appellee or respondent

60
Q

An appeal bond, is also called a …………………… bond

A

supersedeas

61
Q

In Texas an—————————–is required for appeal

A

appeal bond

62
Q

The appellant’s attorney may file an …………………, setting forth legal research and other supportive information

A

opening brief

63
Q

The appellee can file a …………………….

A

responding brief

64
Q

in appeal there is no………………

A

new findings

65
Q

the Action by Appellate Court could be?

A
  1. Affirm
  2. Reverse
  3. Remand
66
Q

—————is when a court believes there were no errors in the application of the procedural or substantive law so the prior decision stands

A

Affirm

67
Q

……………….is when a court rules that lower court made substantial error and changes the decision

A

Reverse

68
Q

…………………… is when a court finds that lower court made an error that it can correct

A

Remand

69
Q

Was the U.S. v. Eichman case Heard by the Supreme Court? Why and Why not ? (flag burning)

A

Yes, because it is a contitutional issue and has to deal with freedom of speach.

70
Q

……………is a situation in which one party has communication with the judge without the participation of the opposing party

A

ex parte

71
Q

………………is to speak the truth

A

voir dire

72
Q

. …………. is a List of the individuals and organizations you know are involved in the dispute.
Also it catalog key documents and other important pieces of physical evidence.
it capture each player’s name and a description of the role the person, entity, or document plays in the case.

A

Chronology

73
Q

A……………………..must 1. Rebut the plaintiff’s evidence;

  1. Prove any affirmative defenses asserted by the defendant; and
  2. Prove any allegations contained in the defendant’s cross-complaint.
A

A defendant

Paralegal (25 decks)

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