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LAS109
Quiz 1 - Assignments 1, 2, 4
| Term | Definition |
|---|---|
| civil litigation | disputes between parties that are brought through the court system |
| plaintiff | the person/party that brings/files the lawsuit |
| complaint | the initial pleading filed, commences a civil lawsuit which includes claims made and specific amount/help being requested |
| conflict of interest | when two or more parties with adverse interests are represented by the same attorney |
| defendant | the person who is being accused and has to defend lawsuit/claim |
| Answer | the initial pleading filed by defendant that responds to claims made in the complaint |
| discovery | exchange os information between the parties involved in a lawsuit |
| compensatory damages | damages the injured part incurred as a result of the incident |
| punitive damages | exemplary damages that are meant to punish the wrongdoer |
| court of appeals | the higher court, hears matters after trial court |
| superior court | state court |
| district court | federal court |
| motion | a pleading submitted by either party requesting the judge decide/rule on a specific matter |
| remand | when a higher court sends back a case to a lower court directing the lower court to tale some specific action mentioned |
| affirm | when the higher court agrees with the lower courts decision |
| reverse | when the higher court sets aside the lower courts decision |
| summons | a notice served with a Complaint that demands a defendant to appear/defend within a certain amount of time |
| pleading | legal documents that are filed in a legal matter |
| privilege | granted when communication is considered/deemed to be confidential (attorney/client privilege, doctor/patient privilege) |
| default | failure to file a responsive pleading in a lawsuit |
| exhibits | evidence and documents marked by the court and presented at trial |
| cause of action | sufficient facts to support a valid lawsuit (lawsuit needs to meet applicable requirements) |
| statute of limitations | a time limit imposed by statute for which something must be done/filed |
| third party | someone who is part a party to a lawsuit |
| lay witness | someone who witnessed an incident and/or has information or knowledge to support either parties' claim |
| subpeona | a court order compelling a non-party to appear or produce documents |
| expert witness | a professional witness that is paid to testify based on their professional knowledge |
| counter claim | a claim brought in a lawsuit by a defendant against a plaintiff |
| affirmative defense | defenses asserted by a defendant in the Answer |
| jury instruction | instructions given to the jury and set forth what elements must be proven |
| ethical concerns a paralegal cannot preform | represent a witness, give legal advice, contact adverse party who is represented |
| ethical concerns a paralegal should remember | confidentiality and privileged information, conflict of interests |
| reasons to interview a potential witness | gain admissible facts/admissions, gain information that could be used to discredit the witness |
| four elements of negligence | duty, breach of duty, causation, damages |
| retainer fee | a set amount paid by the client up front to be applied toward an hourly billing rate |
| flat fee | a legal fee based on a fixed amount |
| contingency fee agreement | agreement to pay attorney fees based on an agreed upon percentage of rulings winnings |
| costs | legal, out of pocket, expenses incurred by an attorney in a case on behalf of their client |
| retainer agreement | employment contract between an attorney and client |
| trust account | an interest bearing bank account used specifically to hold client's funds used to pay attorney once bill is incurred |
| settlement | a resolution of a dispute between the parties which is reached prior to trial |
| Why develop a litigation plan? | strategic advantage by being prepared/organized, help keep costs down, sets goals, identifies strengths and weaknesses, sets expectations, guides legal action |
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