Legal Terminology Chapter 4 Flashcards

Questions and Answers

What is litigation?

The paperwork filed with the court

The process of settling a dispute out of court

The process of bringing, maintaining, and defending a lawsuit (correct)

An informal negotiation between parties

What are pleadings?

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

What is a summons?

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

What is the answer in legal terms?

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

What is a cross complaint?

A document filed by the defendant against the plaintiff to seek damages or some other remedy. Signup and view all the answers

What is a reply in legal terms?

A document filed by the original plaintiff to answer the defendant's cross complaint. Signup and view all the answers

What is intervention?

The act of others joining as parties to an existing lawsuit. Signup and view all the answers

What does consolidation mean in legal context?

The act of a court to combine two or more separate lawsuits into one lawsuit. Signup and view all the answers

What is a class action lawsuit?

A lawsuit where a group of plaintiffs with common claims collectively bring a lawsuit against a defendant. Signup and view all the answers

What was the significance of Walmart vs. Dukes?

It was a class action lawsuit against Walmart alleging sex discrimination, which the Supreme Court ruled did not qualify for class certification. Signup and view all the answers

What is the statute of limitations?

It establishes the period during which a plaintiff must bring a lawsuit against a defendant. Signup and view all the answers

What is a deposition?

Oral testimony given by a party or witness prior to trial, given under oath and transcribed. Signup and view all the answers

What are interrogatories?

Written questions submitted by one party to another party in a lawsuit. Signup and view all the answers

What is the production of documents?

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

What does physical or mental examination refer to?

A court-ordered examination of a party to a lawsuit before trial to determine the extent of the alleged injuries. Signup and view all the answers

What are pretrial motions?

Motions a party can make to try to dispose of all or part of a lawsuit prior to trial. Signup and view all the answers

What is a motion for judgment on pleadings?

A motion that alleges that if all facts presented in the pleadings are taken as true, the party making the motion would win the lawsuit. Signup and view all the answers

What is a motion for summary judgment?

It 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. Signup and view all the answers

What is meant by the trier of fact?

The jury in a jury trial and the judge where there is not a jury trial. Signup and view all the answers

What does voir dire involve?

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

What is the format of a trial?

Opening Statements -> the plaintiff's case -> the defendant's case -> Rebuttal and Rejoinder -> Closing arguments -> Jury instructions, Deliberation, and Verdict. Signup and view all the answers

What is an appeal?

The act of asking an appellate court to overturn a decision after the trial court's final judgment has been entered. Signup and view all the answers

Who is the appellant?

The appealing party in an appeal. Signup and view all the answers

Who is the appellee?

The responding party in an appeal. Signup and view all the answers

What are frivolous lawsuits?

Lawsuits that do not have any merit. Signup and view all the answers

What is alternative dispute resolution?

Methods like negotiation, arbitration, mediation, mini trials, fact finding, and judicial referees to resolve disputes outside of court. Signup and view all the answers

Study Notes

Key Legal Terms in Litigation

Litigation: Involves the process of bringing, maintaining, and defending a lawsuit.
Pleadings: Important paperwork filed in court, including the Complaint, Answer, Cross-complaint, and Reply.
Summons: A court order requiring the defendant to appear in court and respond to the complaint.
Answer: The defendant's written response to the plaintiff's complaint, filed with the court.
Cross Complaint: Document filed by the defendant against the plaintiff to seek damages or remedies.
Reply: A response from the original plaintiff to the defendant's cross complaint.

Procedural Actions in Lawsuits

Intervention: The act of additional parties joining an ongoing lawsuit.
Consolidation: The court's action to combine two or more separate lawsuits into one for efficiency.
Class Action: A lawsuit where a group of plaintiffs with similar claims collectively sues a defendant, requiring certification by the appropriate court.

Notable Case Study

Walmart vs. Dukes: A class action lawsuit involving allegations of sex discrimination against Walmart, where the Supreme Court ruled against class certification due to differences in individual circumstances of plaintiffs.

Legal Timeframes and Processes

Statute of Limitations: Establishes the time limit for a plaintiff to file a lawsuit, beyond which the right to sue is lost.
Deposition: Oral testimony taken under oath from a party or witness before trial, recorded for later use.
Interrogatories: Written questions that one party submits to another in a lawsuit.
Production of Documents: A party's request for relevant documents from another party prior to trial.

Examination and Pretrial Procedures

Physical or Mental Examination: Court-ordered assessment of a party's injuries before trial.
Pretrial Motions: Requests made to the court to resolve parts of a lawsuit before trial, including:
- Motion for Judgement on Pleadings: An assertion that, if all pleadings are accepted as true, the movant would win based on law.
- Motion for Summary Judgement: Claiming no factual disputes exist and that the judge can decide the case without a jury.

Trial Process Overview

Trier of Fact: Refers to the jury in jury trials, or the judge in bench trials.
Voir Dire: The process of questioning potential jurors to uncover any biases.
Trial Format: Sequence of events includes opening statements, examination of witnesses, rebuttals, closing arguments, jury instructions, deliberation, and verdict.

Appeals Process

Appeal: The act of requesting a higher court to overturn a decision made by a lower court.
Appellant: The party initiating the appeal.
Appellee: The party responding to the appeal.

Frivolous Lawsuits and Alternative Dispute Resolution

Frivolous Lawsuits: Cases lacking merit, as illustrated by Pearson vs. Chungs, where a $54 million suit for lost dry cleaning was deemed baseless.
Alternative Dispute Resolution (ADR): Methods to resolve disputes outside of court, including:
- Negotiation: Discussion to reach a voluntary settlement.
- Arbitration: Involves a third party making binding or non-binding decisions.
- Mediation: A third party facilitates negotiation between disputing parties.
- Mini Trial: A shortened trial-like procedure with presentations by lawyers.
- Fact Finding: A third-party investigation without decision-making power.
- Judicial Referee: Court-appointed official handling private trials, with outcomes recognized as judicial decisions.

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This quiz covers essential legal terms from Chapter 4, focusing on litigation processes and court paperwork. Enhance your understanding of key concepts such as pleadings and summons through flashcards designed for easy memorization.