Civil Litigation

Question 1

Pleadings

Answer 1

the paperwork that is filed with the court to initiate or respond to a lawsuit is referred as the pleadings.

Question 2

The two major pleadings are

Answer 2

1. the complaint or petition

2. The answer

Question 3

In federal court it’s(pleadings) a _____________.

Answer 3

complaint

Question 4

In Texas state court, it’s (pleadings)a __________________.

Answer 4

petition.

Question 5

The complaint or petition contains 
1.
2.
3.
4.

Answer 5

1. the names of the parties to the lawsuit;
2. the facts of the case;
3. the law that was violated; and
4. the prayer for relief

Question 6

Once a complaint/petition has been filed, the court issues a _____________________.

Answer 6

summons.

Question 7

A summons is ______________________________________________________________________.

Answer 7

a court order directing the plaintiff to appear in court and answer the complaint or petition.

Question 8

A ___________________ is a court order directing the defendant to appear in a court and answer the complaint or petition.

Answer 8

summons

Question 9

Who may serve the complaint/petition on the defendant?

Answer 9

a sheriff, govt official, or a private process server

Question 10

What is an intervention?

Answer 10

if other persons have an interest in a lawsuit, they may step in and become parties to the lawsuit.

Question 11

If other persons have an interest in a lawsuit, and they step in and become parties to the lawsuit, it is called an ________________.

Answer 11

intervention

Question 12

What is Consolidation?

Answer 12

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

Question 13

What’s a good example of consolidation?

Answer 13

airplane crashes

Question 14

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

Answer 14

consolidation

Question 15

What is “statute of limitations”

Answer 15

plaintiff must bring suit within a certain period of time after the action that gives rise to the complaint, or lose the right to use the courts to enforce the civil right and remedy.

Question 16

the period of time that the plaintiff must bring suit after the action that gives rise to the complaint, or lose the right to use the courts to enforce the civil right and remedy is called the

Answer 16

statute of limitations

Question 17

If a judge decides that the claim “has no basis in law or fact” the loser may be ordered to pay the defendants costs or if a plaintiff rejects a settlement offer, and later wins an award that is less than 80% of the rejected offer, the defendants can recover litigation costs out of the jury award, is referred to as______________.

Answer 17

“loser pay”

Question 18

When you are first assigned a new case what are the first 4 things to do:

Answer 18

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

Question 19

What is a “Cast of Characters”

Answer 19

List of the individuals and organizations you know are involved in the dispute.

Question 20

What else should be in a cast of characters besides the list of individuals and organizations involved in the dispute?

Answer 20

catalog of key documents and other important pieces of physical evidence as well as capturing each player’s name and a description of the role the person, entity, or document plays in the case.

Question 21

What is a Chronology?

Answer 21

A timeline.

Question 22

What does the chronology list?

Answer 22

the facts and the dates and include significant details and the sources for each fact. Include a “key fact” column to check off so that you begin to separate key facts from other facts.

Question 23

What is an Issue List?

Answer 23

List of each case issue, including both legal claims and critical factual disputes. The description could include a brief summary of each party’s position on the issue.

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

Question 24

What is a Question List?

Answer 24

List of questions that arise when doing analysis of case.

Question 25

What is Discovery?

Answer 25

1. Depositions 2. Interrogatories 3. Request for Production 4. Physical or Mental Exam 5. Request for Admissions 6. Request for Disclosure

Question 26

Depositions?

Answer 26

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

Question 27

oral testimony given by a party or witness prior to trial, under oath, with a record

Answer 27

deposition

Question 28

Interrogatories

Answer 28

written questions submitted by one party to another party

Question 29

written questions submitted by one party to another party

Answer 29

interrogatories

Question 30

Request for Production

Answer 30

request by one party to another party to produce all documents relevant to the case

Question 31

request by one party to another party to produce all documents relevant to the case

Answer 31

request for production

Question 32

Ex Parte

Answer 32

"from one party"

Question 33

Ex Parte as a legal term ______________________________________________________________________.

Answer 33

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

Question 34

"from one party"

Answer 34

ex parte

Question 35

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

Answer 35

ex parte

Question 36

Pro Se

Answer 36

A pro se litigant is a person who represents him/herself.

Question 37

A _____________ litigant is a person who represents him/herself.

Answer 37

pro se

Question 38

2 Pretrial Motions

Answer 38

1. Motion to Dismiss | 2. Motion for Summary Judgment

Question 39

Motion to Dimiss

Answer 39

even if the facts in the plaintiff's petition are true, there is no reason to continue the lawsuit

Question 40

Motion for Summary Judgment

Answer 40

there are no factual disputes and only matters of law are disputed. The judge can apply the law to the facts and dispose of all or part of the case. If there is a factual dispute, the motion must be denied.

Question 41

Pretrial motion that says even if the facts in the plaintiff's petition are true, there is no reason to continue the lawsuit

Answer 41

Motion to Dismiss

Question 42

Pretrial Motion that says there are no factual disputes and only matters of law are disputed. The judge can apply the law to the facts and dispose of all or part of the case. If there is a factual dispute, the motion must be denied.

Answer 42

Motion for Summary Judgment

Question 43

Pretrial motions "motion to dismiss" and "motion for summary judgment" are both _______________________.

Answer 43

dispositive motions

Question 44

The attorneys may be directed to appear before the court for a ____________________, or settlement conference.

Answer 44

pretrial hearing

Question 45

One purpose of a pretrial hearing is to ____________________.

Answer 45

facilitate settlement.

Question 46

Pretrial hearings are usually heard ___________________.

Answer 46

in chambers.

Question 47

If settlement isn't possible in a pretrial hearing, then the hearing is used to _________________________________________________________.

Answer 47

identify major issues and other relevant facts.

Question 48

At a pretrial hearing, cases may be referred to ______________________________.

Answer 48

ADR alternative dispute resolution.

Question 49

Phases of Trial

Answer 49

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 instructions and deliberation 8. Entry of judgment

Question 50

Voir dire

Answer 50

"to speak the truth"

Question 51

"to speak the truth"

Answer 51

voir dire

Question 52

How does jury selection work?

Answer 52

- pool completes questionnaire, - voir dire, - jurors can be stricken for cause if the court believes that the potential juror is too biased to render a fair verdict, - preemptory challenges are used to exclude a juror without giving a reason - once the right number is chosen, they are impaneled and sworn

Question 53

Jurors can be _________________________ if the court believes that the potential juror is too biased to render a fair verdict.

Answer 53

stricken for cause

Question 54

_______________________ are used to exclude a juror without giving cause.

Answer 54

Preemptory challenges

Question 55

Once the right number is chosen during jury selection, the jurors are ___________________________.

Answer 55

impaneled and sworn

Question 56

During ________________________ attorneys summarize that main factual and legal issues and why their client's position is valid.

Answer 56

opening statements

Question 57

What do the best opening statements do?

Answer 57

tell a story

Question 58

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

Answer 58

80%

Question 59

On plaintiff's case, the plaintiff has the _______________________________ to persuade the __________________ of the merits of its case.

Answer 59

- burden of proof | - trier of fact

Question 60

Plaintiff's attorney calls ________________.

Answer 60

witnesses

Question 61

Witnesses are sworn in and answer questions on ____________________.

Answer 61

direct examination

Question 62

______________________-can be introduced through witnesses.

Answer 62

Documentary evidence

Question 63

When the other side asks plaintiff's witnesses questions, that's called ______________________________.

Answer 63

cross examination

Question 64

After cross examination there is _____________-and _________________.

Answer 64

redirect and recross

Question 65

When the plaintiff rests, the defense presents its _______________.

Answer 65

case in chief

Question 66

The defendant must (during defendant's case) 3 things

Answer 66

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.

Question 67

What is rebuttal?

Answer 67

When the defendant rests, the plaintiff's attorney can call witnesses and put on evidence to rebut the defendant's case.

Question 68

When the defendant rests, the plaintiff's attorney can call witnesses and put on evidence to rebut the defendant's case. This is called ______________________.

Answer 68

rebuttal

Question 69

After rebuttal, the defendant's attorney can then call additional witnesses and introduce other evidence to counter the rebuttal. This is called______________________.

Answer 69

rejoinder

Question 70

What is rejoinder?

Answer 70

When the defendant's attorney calls additional witnesses and introduces other evidence to counter the rebuttal.

Question 71

During, ________________________ each attorney tries to convince the jury to render a verdict for his or her clients by pointing out the strenghts in the clients' case and the weaknesses in the other side's case.

Answer 71

closing argument

Question 72

During closing argument, ___________________ cannot be presented and ________________are not considered to be evidence.

Answer 72

new evidence closing arguments

Question 73

Jury Charge is also called

Answer 73

jury instructions.

Question 74

Jury instructions also called

Answer 74

jury charge

Question 75

The judge reads the ______________ or instructs the jury on what law to apply in deciding the case.

Answer 75

jury charge

Question 76

The _______________is very important to both sides because the wording of the ______________ and the jury questions can determine the outcome of the case.

Answer 76

- jury charge | - charge

Question 77

When the jury goes into the jury room (not required in TX, but almost always down) to deliberate its findings, this is called _____________________________.

Answer 77

jury deliberation

Question 78

After jury deliberation, the jury announces its _______________ (in federal court). In Texas court, the ____________ reads the _______________.

Answer 78

verdict clerk verdict

Question 79

The jury also assesses ______________.

Answer 79

damages

Question 80

The judge ________________ to the successful party, based on the verdict.

Answer 80

enters judgment

Question 81

When the judge enters judgment to the successful party, based on the verdict, this is called

Answer 81

entry of judgment

Question 82

The ____________________-is the official decision of the court.

Answer 82

entry of judgment

Question 83

JNOV stands for

Answer 83

judgment non obstante verdicto

Question 84

JNOV (judgment non obstante verdicto) means that ______________________________.

Answer 84

.

Question 85

The judge may reduce the amount of damages awarded if it finds the jury was biased, emotional, or inflamed. This is called __________________-.

Answer 85

remittiur

Question 86

What is remittiur?

Answer 86

When the judge reduces the amount of damages awarded because finds jury was biased, emotional, or inflamed.

Question 87

Either side in a civil case can ____________ once a final judgment is entered.

Answer 87

appeal

Question 88

Appeal is to the appropriate _______________________.

Answer 88

appellate court.

Question 89

A __________________ must be filed within a prescribed amount of time after judgment is entered.

Answer 89

notice of appeal

Question 90

The appealing party is the ______________ or _____________________.

Answer 90

appellant or petitioner.

Question 91

The responding party to an appeal is the ______________________ or _________________________.

Answer 91

appellee or respondent

Question 92

An ________________, called a supersedeas bond in Texas, may be required.

Answer 92

appeal bond

Question 93

An appeal bond, called a _______________________ in Texas, may be required.

Answer 93

supersedeas

Question 94

The appellant's attorney may file an ______________, setting forth legal research and other supportive information.

Answer 94

opening brief

Question 95

The appellee can file a _______________.

Answer 95

responding brief

Question 96

In an appeal, a request for oral arguments can be made by _________________.

Answer 96

either side

Question 97

In an appeal, __________________ take place without the presence of clients or witnesses.

Answer 97

oral arguments

Question 98

In an appeal there are no additional fact finding, only ____________________________-.

Answer 98

legal arguments

Question 99

What's the standard for appeal?

Answer 99

"We will not reverse a determination for clear error unless it strikes us as wrong with the force of a 5-week-old unrefrigerated, dead fish" Bauer, Chief Justice

Question 100

Who said "We will not reverse a determination for clear error unless it strikes us with the force of a 5-week-old unrefrigerated, dead fish" and what was s/he referring?

Answer 100

Bauer, Chief Judge, the standard for appeal

Question 101

What are the actions that can be taken by appellate court?

Answer 101

1. Affirm 2. Reverse 3. . Remand

Question 102

Affirm is when _________________________________.

Answer 102

the court believes there were no errors in the application of the procedural or substantive law so the prior decision stands.

Question 103

Reverse is when ____________________________________________________________.

Answer 103

the court rules that lower court made substantial error and reverses the decision.

Question 104

Remand is when _______________________________________________________________________.

Answer 104

the court finds that lower court made and error that it can correct.