Litigating Claims

Question 1

Typical Lawsuit stages

Answer 1

1. Pleadings Stage
2. Discovery
3. Pretrial motions and conference
4. Trial
5. Post-verdict motions
6. Appeal
7. Enforcement

Question 2

Pleadings Stage

Answer 2

• Complaint
• Summons
• Answer

Question 3

Discovery Stage

Answer 3

Dispositions, interrogatories, documents, examinations, and admission
-Often determines outcome of lawsuit

Question 4

Pretrial Motions and Conference

Answer 4

Meet with the judge

Question 5

Trial

Answer 5

• Jury selection
• Opening statements
• Evidence presentation
• Bench conferences
• Closing arguments
• Jury deliberations

Question 6

Post-Verdict Motions

Answer 6

-Lawyers may submit motions during this phase

Question 7

Appeal

Answer 7

Either party may appeal

Higher court may affirm, decline, reverse, or vacate

Question 8

Enforcement

Answer 8

court secures payment

Writ of execution or garnishment

Question 9

Complaint

Answer 9

allegations made by a plaintiff in a lawsuit

Question 10

Summons

Answer 10

a lawsuit has been started and that the defendant has a specified amount of time to answer the complaint

Question 11

Answer

Answer 11

document filed in court by a defendant responding to a plaintiff’s complaint and explaining why the plaintiff should not win the case

Question 12

Pleading

Answer 12

formal written statement of the facts and claims of each party to a lawsui

Question 13

Discovery

Answer 13

pretrial exchange of all relevant information between the plaintiff and defendant

Question 14

Jurisdiction

Answer 14

particular court’s power or authority to decide a lawsuit of a certain type or within a certain territory

Question 15

Venue

Answer 15

locale in which the lawsuit may be brought

Question 16

Allegation

Answer 16

claim made in the complaint by the plaintiff, specifying what the plaintiff expects to prove to obtain a judgment against the defendant

Question 17

Service of process

Answer 17

delivery of a summons and complaint to a defendant by an authorized person

Question 18

Federal Rules of Civil Procedure

Answer 18

set of rules established to ensure that civil actions and procedures move through the United States district courts as quickly as possible

Question 19

Actual service

Answer 19

Hand delivery of a summons and complaint to a defendant

Question 20

Substituted service (constructive service)

Answer 20

Any method of notifying a defendant of a lawsuit other than personal delivery of a summons and complaint

Question 21

summons and complaint will contain

Answer 21

1. Give notice
2. Reveal facts
3. Formulate legal causes of action
4. State the damages sought

Question 22

excess letter

Answer 22

provide the insured with the option of hiring separate defense council to work with the insurer’s defense counsel when damages sought are in excess of policy limits

Question 23

Affirmative defense

Answer 23

legal defense arguing that even if the plaintiff’s factual allegations are correct, there are overriding reasons the defendant should not have to pay damages

Question 24

Counterclaim

Answer 24

complaint brought by the defendant against the plaintiff

Question 25

Default judgment

Answer 25

automatic judgment against a party to a lawsuit who fails to appear in court or to answer a pleading -automatically give the plaintiff all the damages asked for in the complaint

Question 26

lawsuit transmittal documents

Answer 26

Case caption Title of the court in which the lawsuit is filed, along with the court’s location Court claim number Insurer’s name and claim number Date of loss Name and address of the plaintiff’s attorney Plaintiff attorney’s claim number, if applicable Details of service of process Name and address of the insured Identity of all defendants to be defended by the appointed attorney, along with any relevant information regarding defendants in the lawsuit not to be defended by the counsel Policy number and policy type Policy limit Deductible, if applicable Presence of demand in excess of policy limits Results of investigation conducted to date Additional planned investigation Details of any settlement negotiations conducted Billing guidelines, if not already provided Litigation reporting schedule by defense counsel, if not already provided Request for liability analysis Request for litigation plan

Question 27

litigation plans outline a strategy to reach one of these objectives

Answer 27

Defend the lawsuit at trial Settle the lawsuit Conduct additional investigation to decide on the goal

Question 28

Request for production of documents

Answer 28

request made by either the plaintiff or defendant in a lawsuit to the opposing side to provide all the documents and other tangible evidence it has in its possession relating to the facts of the case

Question 29

Interrogatories

Answer 29

Specific written questions or requests raised by one party to a lawsuit that the opposing party must answer in writing

Question 30

Admissions

Answer 30

Factual statements that, unless denied, bind the party at trial

Question 31

5 most commonly used methods of discovery

Answer 31

``` Requests for production of documents Interrogatories Depositions Physical or mental examinations Admissions of facts not in dispute ```

Question 32

Stare decisis

Answer 32

The principle that lower courts must follow precedents set by higher courts The practice of using precedent in litigation

Question 33

Motion to dismiss

Answer 33

A request that a court terminate an action because of settlement, voluntary withdrawal, or procedural defect.

Question 34

Motion for summary judgment

Answer 34

A pretrial request asking the court to enter a judgment when no material facts are in dispute.

Question 35

Motion in limine

Answer 35

A pretrial request that certain evidence be excluded from the trial.

Question 36

Voir dire

Answer 36

The process of examining potential jurors about their possible interest in the matters presented at trial, their ability to decide the case fairly and without prejudice, and their overall competence to serve as jurors.

Question 37

Peremptory challenge

Answer 37

A lawyer’s ability to object to a potential juror’s placement on the jury without having a specific reason.

Question 38

Burden of proof

Answer 38

the duty of a party to prove that the facts it claims are true

Question 39

Preponderance of evidence

Answer 39

Evidence supporting the jury's decision that is of greater weight than the evidence against it

Question 40

Directed verdict

Answer 40

An order to the jury from the presiding judge to return a specific verdict

Question 41

4 activities for preparing for a civil trial

Answer 41

1. Trial strategy 2. Pretrial motions 3. Pretrial conferences 4. Additional investigation

Question 42

three common pretrial motions

Answer 42

Motion to dismiss Motion for summary judgment Motion in limine

Question 43

Flat fee

Answer 43

A fee arrangement in which the attorney agrees to handle the case from start to finish for a specified amount.

Question 44

Phased fee

Answer 44

A fee arrangement in which the attorney agrees to handle each phase of litigation for a specific fee.