Term
| 8 Stages in Litigation of a Civil Lawsuit |
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Definition
1. Pre-Lawsuit Communication Between Parties
2. Initial Court Pleadings
3. Discovery
4. Pre-Trial Proceedings
5. Trial
6. Post-Trial Proceedings
7. Appeal
8. Enforcing the Judgment |
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Term
| Describe Pre-Lawsuit Communication |
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Definition
• Before filing a lawsuit with a court, a plaintiff usually notifies the defendant (or defendants) that they are violating the plaintiff’s rights
➢ Often, this is done by having the plaintiff’s lawyer send a “cease-and-desist letter” (sometimes also called a “demand letter”) to the defendant(s) |
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Term
| What is the goal of Pre-Lawsuit Communication? |
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Definition
| • The goal of pre-lawsuit communication is to explore the possibility of resolving the dispute voluntarily and avoid the possibility of a lawsuit |
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Term
| 6 types of Initial Court Pleadings |
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Definition
Complaint
Service of Process
Motion to Dismiss
Answer
Counterclaim
Motion for Judgment on the Pleadings |
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Term
| What happens in the Service of Process? |
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Definition
| Plaintiff serves all defendants with a “Summons” to appear in court, often accompanied by a copy of the Complaint |
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Term
| When may a defendant file a Motion to Dismiss? |
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Definition
| Defendant may file a “motion to dismiss” the case if the courts lacks jurisdiction or venue, or to dismiss a claim in the Complaint if the allegations in the Complaint fail to state a legal claim |
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Term
| If a defendant issues a counterclaim, what must the Plaintiff do? |
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Definition
| 1. Plaintiff must file either a “Motion to Dismiss” or an “Answer” for any counterclaims |
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Term
| Describe Motion for Judgment on the Pleadings |
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Definition
Either party may file a “motion for judgment on the pleadings” if the allegations in the Complaint and Answer create no dispute about which party will win
1. To avoid such a motion, the parties’ allegations must create a dispute about who will win
2. A party may file the same motion for any counterclaims |
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Term
| 5 methods of Pre-Trial Evidence discovery |
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Definition
➢ Written Interrogatories (questions)
➢ Requests for Documents and Things
➢ Requests for Admissions
➢ Depositions of Witnesses
➢ Subpoenas to Non-Parties |
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Term
| What can happen if one side is not compliant about pre-trial discovery |
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Definition
| • Parties may file motions to compel discovery or to hold a party in contempt for failing to provide evidence |
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Term
| Motion For Summary Judgment Description |
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Definition
➢ May be filed after the close of discovery
➢ To succeed, the moving party must show:
1. There is no genuine dispute about the legally relevant facts; and
2. based on the facts, the party is entitled to judgment as a matter of law |
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Term
| What occurs at the Pre-Trial Conference? |
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Definition
| ➢ The parties meet with the judge to finalize the trial schedule, simplify issues for trial, and usually discuss the status of settlement efforts |
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Term
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Definition
1. Plaintiff’s opening statement
2. Defendant’s opening statement
3. Plaintiff’s case (testimony and evidence)
4. Defendant’s case (testimony and evidence)
5. Plaintiff’s closing argument
6. Defendant’s closing argument |
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Term
| What type of proof is needed to win a civil case? |
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Definition
plaintiffs must prove their claims by “a preponderance of the evidence”
1. Defendants must prove their defenses or counterclaims by a preponderance of the evidence |
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Term
| Motion For judgment as a matter of law |
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Definition
| ➢ The party argues that a reasonable jury can only reach one verdict based on the evidence |
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Term
| Renewed Motion for Judgment as a matter of law |
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Definition
| ➢ The moving party argues that the evidence at trial does not support the jury’s verdict |
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Term
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Definition
| ➢ The moving party argues that an error by the judge, jury, or an attorney requires a new trial |
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Term
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Definition
• Either party can appeal the judgment at trial
➢ Sometimes the winning party appeals because it believes it should have won more
• Initial appeals go to the intermediate court that reviews the trial court’s decisions
• Subsequent appeals are possible to the court of last resort (e.g., the Supreme Court) |
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Term
| In what 2 ways can a winning party recover its damages (money) |
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Definition
➢ Writ of Execution (the police seize the losing party’s assets and auction them to pay off the judgment)
➢ Garnishment (the court orders the losing party’s employer to withhold part of his/her wages to pay off the judgment) |
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Term
| Common Forms of Alternative Dispute Resolution |
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Definition
1. Settlement
2. Arbitration
3. Mediation
4. Summary Trial or Mini-Trial |
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Term
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Definition
| ➢ Before and during lawsuits, parties often discuss terms on which they will settle the case |
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Term
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Definition
➢ Parties present arguments to an arbitrator selected by the parties or appointed by the court
➢ Arbitrator issues a binding decision that can be appealed only on limited grounds (e.g., fraud, bias, corruption, or misconduct by the arbitrator) |
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Term
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Definition
➢ Parties present their case to a mediator selected by the parties or appointed by the court
➢ The mediator offers an non-binding opinion of the case and facilitates settlement discussions |
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Term
| Summary Trial or Mini-Trial |
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Definition
| ➢ Private mock trials of each party’s case (like a focus group) intended to spur settlement |
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