Intro to Law Flashcards
(40 cards)
Define Civil Procedure
Set of rules and laws that explain how civil lawsuits work.
What are some reasons you would sue someone?
People might sue others for various reasons, like if someone hurts them or damages their property, breaks a contract, or doesn’t fulfill a legal obligation.
What is a criticism of the role of money in the civil system
It is really hard to sue companies with tons and tons of money, because they just have to out money you. Therefore ending up settling because not enough money.
Define Litigation
This means going to court to settle a dispute. It usually involves two parties arguing their case in front of a judge or jury.
Define Tort
The civil lawsuit’s equivalent to a crime in a criminal trial. A civil “wrong.” The civil equivalent to a crime.
Define Damages
Money paid to “right” a tort (a civil wrong). or Injuries or losses
Define Liability
Being responsible for something/someone. You must have acted in an unreasonable and unsafe manner.
How is strict liability different?
Strict liability means there does not need to be fault. You could be incredibly safe but still be found liable.
What is negligence?
Behavior that falls below a standard of care to protect others.
What does the four elements of negligent mean?
if you can’t prove all 4, it isn’t negligence!
Duty
there was a duty of care
Breach of duty
person violated that duty
Causation
person caused the harm
Damages in negligents
person suffered injuries/loses
- (Suit is Filed)
The complaint is a legal document that starts a lawsuit, outlining the plaintiff’s claims against the defendant.
The summons is a notice to the defendant, informing them that they are being sued and providing them with a copy of the complaint.
- (Incident Occurs)
Someone causes someone else harm, physically, mentally, or financially.
- (Decisions)
Plantiff makes the decision to sue. This stage is where most of the money is used
- (Reply)
The defendent can either answer the claims or file a motion to dismiss.
- (Discovery)
Drawn out process of gathering evident. It is the longest part of the lawsuit. Most people settle in the discovery because they either don’t have enough money, or don’t have enough evidence.
6 (Trial)
Jury or Judge decide whether the person is responsible or not responsible.
many cases do not make it to the trial part, they end up settling
What is the purpose of discovery?
The purpose of discovery is so both sides can obtain evidence to build and defend their case.
Gathering enough information possible about the incident.
This process includes positions where they are allowed to interview witnesses.
What is an expert witness? (Think back to the movie)
An expert witness is someone with specialized knowledge or expertise in a particular field who is called upon to provide their opinion or analysis on certain matters relevant to the case.
What is the first step in a lawsuit trial?
Judge enters and takes the bench
What is the second step in a lawsuit trial?
Preliminary motions are addressed by the judge
Ex: is certain evidence admissible?, (should there be a change of venue?)
