Flashcards in Civil Litigation - MidTerm Deck (12)
Attorney Work Product (trial preparation materials)
The attorney's mental impressions, conclusions, opinions, or legal theories concerning a case; not discoverable.
Best Evidence Rule
Rule that allows only the original document or item to be admitted (exceptions are allowed for practical reasons).
A suit by or against an entire class - whose members are too numerous for a joinder - represented by one or a few individuals.
Authority of the only court to handle a specific type of case.
The right to hear all types and subjects of cases rather than just a specific class.
Authority to hear cases dealing only with specific subjects.
The right of a specific court to hear a specific type of action first.
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.
Law that defines the rules and steps that must be followed in a lawsuit.
For attorneys, the rules of conduct that govern the practice of law.
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).