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Flashcards in Civil Litigation Deck (104)
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1

Pleadings

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

2

The two major pleadings are

1. the complaint or petition
2. The answer

3

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

complaint

4

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

petition.

5

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

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

6

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

summons.

7

A summons is ______________________________________________________________________.

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

8

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

summons

9

Who may serve the complaint/petition on the defendant?

a sheriff, govt official, or a private process server

10

What is an intervention?

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

11

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

intervention

12

What is Consolidation?

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?

13

What's a good example of consolidation?

airplane crashes

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.

consolidation

15

What is "statute of limitations"

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.

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

statute of limitations

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______________.

"loser pay"

18

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

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

19

What is a "Cast of Characters"

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

20

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

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.

21

What is a Chronology?

A timeline.

22

What does the chronology list?

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.

23

What is an Issue List?

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.

24

What is a Question List?

List of questions that arise when doing analysis of case.

25

What is Discovery?

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

26

Depositions?

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

27

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

deposition

28

Interrogatories

written questions submitted by one party to another party

29

written questions submitted by one party to another party

interrogatories

30

Request for Production

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