Civil Litigation - MidTerm Flashcards Preview

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Flashcards in Civil Litigation - MidTerm Deck (12)
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1

Attorney Work Product (trial preparation materials)

The attorney's mental impressions, conclusions, opinions, or legal theories concerning a case; not discoverable.

2

Best Evidence Rule

Rule that allows only the original document or item to be admitted (exceptions are allowed for practical reasons).

3

Class Action

A suit by or against an entire class - whose members are too numerous for a joinder - represented by one or a few individuals.

4

Exclusive Jurisdiction

Authority of the only court to handle a specific type of case.

5

General Jurisdiction

The right to hear all types and subjects of cases rather than just a specific class.

6

Limited Jurisdiction

Authority to hear cases dealing only with specific subjects.

7

Original Jurisdiction

The right of a specific court to hear a specific type of action first.

8

Pleading

Formal documents filed in a lawsuit that inform all parties of the basis for and defenses to the lawsuit; normally include the complaint, answer, counterclaim and reply, answer to cross-claim, and third-party complaint and answer.

9

Procedural Law

Law that defines the rules and steps that must be followed in a lawsuit.

10

Ethics

For attorneys, the rules of conduct that govern the practice of law.

11

Release

A document executed by the plaintiff or claimant that frees the defendant from any further obligations or liability stemming from the incident cause the damages in return for consideration (money).

12

Relevant Evidence

Admissible in court, of consequence to the determination of the action and tending to prove or refute a fact of consequence.