Ch 4 Litigation Flashcards Preview

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Flashcards in Ch 4 Litigation Deck (72)
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1

Litigation?

Is the process that helps the business community resolve actual disputes

2

With lawsuits it can take a lot of.....

Time, money, and energy on everyone involved . people take advantage of this

3

Impartial dispute resolution process is essential to.

any system that preserves private property interests. It is needed to conduct business and enforce rights.

4

Plaintiff?

Party who files a civil action

5

Defendant?

Party sued by the plaintiff or a person against whom a criminal charge is filed by state

6

Third - Party defendant?

Parties brought in by the defendant to complete the determination of a controversy

7

Counterclaim?

Filed by the defendant to sue plaintiff.
Causes of action defendant has against the plaintiff

8

Counter plaintiff?

Parties to the counterclaim
Defendant becomes counterplaintiff
Plaintiff becomes counter defendant

9

Pleadings?

A notice that is the beginning stage of a lawsuit in which parties formally submit their claims and defenses.
What is filed for the lawsuit

10

Standing to sue? What is a standing? -

Plaintiff establishing that he/she is entitled to have the court decide the dispute

11

To establish a standing, plaintiff must allege:

Litigation involves a case or controversy.
(source and nature of the plaintiff's allegations.)
Personal stake in the resolution of the controversy
Assert their personal legal position and not those of third party

12

Personal Jurisdiction?

The court on having authority over the parties to the case and authority of subject matter

13

Personal Jurisdiction over the defendant obtained by: -

Summons . Service of process

14

Long - Arm Statutes?

Provision for the service of process beyond the boundaries of the state (jurisdiction of the party even though they are in another state) $75,000 needed. -->Allows a court to obtain jurisdiction over defendant outside its borders

15

Summons?

filed with the complaint...Notice to appear in court. It is a service of process

16

Personal jurisdiction is obtained under long-arm statutes only when...

requiring defendant to appear does not violate due process

17

Extradition?

Voluntary turning in of prisoner from one state to another by the presiding governors (Criminal litigation)

18

Long-arm statute allows a court to obtain jurisdiction over defendant outside its borders when defendant:

-Has committed a tort within the state.
-Owns property within the state that is the subject matter of the lawsuit.
-Has entered into a contract or transacted business within the state.-that is subject matter

19

For any court to exercise authority in any given case, which of the following must happen:

Court has jurisdiction of subject matter.
Court can exercise personal jurisdiction of the defendant. Plaintiff has standing to bring the case before the court

20

Class Action Suits?

One or more plaintiffs file suit on their own behalf and on behalf of all other persons who may have a similar claim.
-Involve matters in which no one member of the class has sufficient financial interest to warrant litigation.
-Plaintiffs seeking to bring class-action suit must pay all court costs.

21

What are pleadings?

Legal documents that are filed with a court to begin the litigation process

22

Complaint?

Pleading filed by plaintiff with the court clerk
Contains allegations by the plaintiff and statement or request of relief sought

23

Answer?

Response in the form of written pleading by defendant

24

Default?

Order entered by court when defendant does not respond in any way

25

After receiving an answer plaintiff files a reply that:

Admits or denies each allegation of the defendant's counterclaims

26

What is S.O.L - STATUTE OF LIMITATIONS? -

state’s time limit after which a suit cannot be filed

27

S.O.L - Contract Action? -

6 years

28

S.O.L - Personal Injury? -

3 years

29

S.O.L - Intentional Tort? -

2 years

30

S.O.L - Minors? -

3 years from accident...2 years after they reach maturity