Pre-Trail Litigation: Pleadings, Discovery, Pretrial Motions, And Settlement

Submitted By tmoney775
Words: 2988
Pages: 12

Chapter 3:
Pre-trail litigation: pleadings, discovery, pretrial motions, and settlement
Pleadings: complaint, answer, cross-complaint, and reply
Discovery: despotion, interrogatories, production of documents, physical/mental exam
Affirmative Defense:
Alternative Dispute Resolution: Methods of resolving a dispute other than litigation
Answer: Defendant’s written response to plaintiff’s complaint
Appeal: Asking appeal court to overturn a decision
Appellant: Appeling party (petitioner)
Appellee: responding party in an appeal (Respondent)
Arbitration: form of ADR in which parties choose a 3rd party to hear and decide the dispute
Arbitration clause: clause in a contract that requires disputes arising out of the contract to be submitted to arbitration
Class Action: group with common claims brings a lawsuit
Compliant: document plaintiff files + serves on defendant
Consolidation: act of a court to combine 2 lawsuits into 1
Cross-complaint: defendant files against plaintiff for damages
Cross-examination: after plaintiff, defendant can ask witness Q’s
Default judgment: defendant does not answer the complaint
Deponent: party who gives his or her deposition
Deposition: oral testimony by party or witness prior to trial.
Discovery: each party discovers facts of the case and witnesses
Electronic arbitration: arbitration of a dispute using online arbitration services
E-court: court that permits e-filing of pleadings, briefs, etc.
Electronic dispute Resolution: use of online ADR services to resolve a dispute
Electronic mediation: mediation of a dispute using online mediation
Error of law: appeal approved based on error of law in a case
Fact-finding: parties use a 3rd person to investigate their dispute
Interrogatories: written questions from 1 party to another party
Intervention: act of others to join an existing lawsuit
Judicial referee: court appoints someone to conduct a private trial and render a judgment
Jury Instructions: instruction the judge gives to jury of the law
Litigation: process of bringing + maintaining a lawsuit
Mediation: form of ADR in which parties use a mediator to propose a settlement of their dispute
Mini-Trial
Motion for judgment on Pleadings: if all facts are true, the party making the motion would win the lawsuit
Motion for summary judgment: there are no factual disputes to be decided by jury and the judge can apply the proper law and decide
Negotiation: Parties discuss a way to reach a voluntary settlement
Plaintiff: party who files a complaint
Pleadings: paperwork filed to initiate and respond to a lawsuit
Physical/mental Examination: court-ordered exam of a party before trial for the extent of the alleged injuries
Pretrial motions: Motion a party can make to dispose of a lawsuit
Production of Documents: request by 1 party to produce all documents relevant to the case prior to trial
Rebuttal: After defendant, the plaintiff can call witnesses to rebut the defendant’s case
Re-direct examination: plaintiff attorney asks defendant witness Q’s
Rejoinder: Defendant calls more witnesses to counter rebuttal
Remittitur: judge reduces amount of damages awarded if they find the jury to be biased, emotional, or inflamed
Sequester: separated from family
Settlement Conference: hearing before trial to decide settlement
Statute of limitations: period for which a plaintiff brings lawsuit
Summons: Court order that tell defendant to appear in court
Trier of fact: jury is the judge when there is not a jury trial
Uniform Arbitration Act: promotes the arbitration of disputes at the state level
Voir Dire: judge and attorneys ask jurors questions to determine if they would be biased in their decisions
Written Memorandum: sets forth the reasons for judgment

Chapter 4
Bicameral: both Us Senate and Us House of Repre. – Congress
Bill of Rights: first 10 amendmants to the constitution added in 1791
Checks and balances: prevents one branch from becoming too powerful
Civil rights…