Chapter 4 - Judicial, Alternative, Administrative, and E-Dispute Resolution Flashcards Preview

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Flashcards in Chapter 4 - Judicial, Alternative, Administrative, and E-Dispute Resolution Deck (63)
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Litigation

The process of bringing, maintaining, and defending a lawsuit.

1

Pleadings

The paperwork that is filled with the court to initiate and respond to a lawsuit.

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The major pleadings are:

The complaint, the answer, the cross-complaint, and the reply.

3

Plaintiff

The party who files a complaint.

4

Complaint

The document a plaintiff files with the court and serves on the defendant to initiate a lawsuit.

5

Summons

A court order that directs the defendant to appear in court and answer the the complaint.

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Service of process

When the complaint and summons are served on the defendant.

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Defendant

The party who files an answer.

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Answer

The defendant's written response to a plaintiff's complaint that is filed with the court and served on the plaintiff.

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Default judgment

When the defendant does not answer a complaint, default judgment is entered against them. This establishes the defendant's liability, and the plaintiff has to then only prove damages.

10

Cross-complaint

A document filed by the defendant against the plaintiff to seek damages or some other remedy.

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Reply

A document filed by the original plaintiff to answer the defendant's cross-complaint.

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Intervention

The act of others to join as parties to an existing lawsuit.

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Consolidation

The act of a court to combine two or more separate lawsuits into one lawsuit.

14

Class action

A lawsuit where a group of plaintiffs with common claims collectively bring a lawsuit against a defendant.

15

Statute of limitation

A statute that establishes the period during which a plaintiff must bring a lawsuit against a defendant.

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Discovery

A legal process during which each party engages in various activities to discover facts of the case from the other party and witnesses prior to trial.

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Deposition

Oral testimony given by a party or witness prior to trial. The testimony is given under oath and is transcribed.

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Deponent

A party who gives his or her deposition.

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Interrogatories

Written questions submitted by one party to another party. The questions must be answered in writing within a stipulated time.

20

Production of documents

A request by one party to another party to produce all documents relevant to the case prior to the trial.

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Physical or mental examination

A court-ordered examination of a party to a lawsuit before trial to determine the extent of the alleged injuries.

22

Pretrial motion

A motion a party can make to try to dispose of all or part of a lawsuit prior to trial.

23

Motion for judgement on the pleadings

A motion that alleges that if all the facts presented in the pleadings are takes as true, the party making the motion would win the lawsuit when the proper law is applied to these asserted facts.

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Motion for summary judgement

A motion that asserts that there are no factual disputes to be decided by the jury and that the judge can apply the proper law to the undisputed facts and decide the case without a jury. These motions are supported by affidavits, documents, and deposition testimony.

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Settlement conference (pretrial hearing)

A hearing before a trial in order to facilitate the settlement of a case.

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Trier of fact

The jury in a jury trial; the judge where there is not a jury trial.

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Voir dire

the process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions.

28

Opening statement

Each party addresses the jury at the beginning o a trial. During opening statements, an attorney usually summarizes the main factual and legal issues of the case and describes whey they believes the client's position is valid.

29

Burden of proof

Evidence used to persuade the trier of fact of the merits of their case. The plaintiff bears the burden of proof.