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Lawsuit Examined
Part 1
| Question | Answer |
|---|---|
| Law | A body of rules of action or conduct prescribed by controlling authority, and having binding legal force. |
| Complaint | A written statement by the plaintiff that explains the facts of the case and why defendant is being sued. Contains a "cause of action." |
| Cause of Action | A basis/reason for a lawsuit... founded on legal grounds. |
| Answer | What defendants file when named in a lawsuit. A written statement of why the defendant is not liable. |
| Discovery Process | Fact finding through the examination of: physical evidence, statements, documents, etc. |
| Summary Judgement | When the court determines that, after looking at all the evidence in the case, there is no dispute as to the facts. A party may file a motion asking the court to order summary judgment on some or all claims in the case. |
| Voir Dire | Process of eliminating jury members. |
| Criminal Law (plaintiff, burden of proof, and penalty) | Plaintiff: the "people" or the "state" Burden of Proof: "beyond a reasonable doubt" Penalty: deprivation of freedom (jail time) |
| Chief Justice of Supreme Court | John Roberts |
| Civil Law (plaintiff, burden of proof, and penalty) | Plaintiff: an individual that as been wronged Burden of Proof: "A preponderance of the evidence" Penalty: Monetary compensation, or an order to do (or refrain from doing) something in cases seeking injunctive relief. |
| Types of Law | 1. Common Law 2. Statutory Law 3. Constitutional Law |
| Common Law | Based on legal custom and precedent. |
| Statutory Law | Based on legislation. |
| Constitutional Law | Laws embodied in the U.S. constitution. |
| Fundamental Principle of Common Law | Precedent or Stare Decisis |
| Precedent or Stare Decisis | Translated: "stand by the decision." A court decision in an earlier case with facts of legal issues similar to those in a case currently before a court. |
| Why have precedent or stare decisis? | 1. Create order in the legal system by allowing the courts to use case precedents as guidance. 2. Predictability: fewer cases to hear, decreased attorney and court costs. |
| Marshall of Court calls what to start supreme court case? | "Oyez, oyez, oyez" |
| 3 basic judicial systems | State Court, Federal Court, Administrative Court |
| State Court System | has jurisdiction over cases involving events or activities that occurred within the state. Parties to a lawsuit: reside within state, or conduct significant business within state. |
| Jurisdiction | The court's ability to hear and decide a case based upon subject matter and location. |
| Typical State Court System | State Supreme Court - State Court of Appeals - District Court |
| Federal Court System | Federal Courts have primary jurisdiction over cases involving: the constitution, federal law, disputes between citizens of different states, disputes greater than $75,000. |
| U.S. Supreme Court | Made up of 9 justices (chief justice and 8 associates), appointed by the President for life. Supreme Courts decisions are binding on all courts. |
| Appeal | A request, usually made after a trial, asking another court to decide whether the trial court proceeding was conducted properly. |
| Appellant | The party who appeals a lower court's decision, usually seeking reversal of that decision. |
| Appellee | The party whom an appeal is taken and who seeks to protect the judgement or order of the lower court. |
| Brief | A written statement submitted by the lawyer for each side in a case that explains the legal and factual arguments why the court should decide the case in favor of that lawyer's client. |
| Case Law | The law laid down in the decisions of the courts; the law in cases that have been decided. |
| Defendant | 1. in a civil suit, the person complained against. 2. in a criminal case, the person accused of the crime. |
| Deposition | a frequently used means of obtaining discovery in civil cases, in which the attorney who requested the deposition questions a party, witness, or any person with information about the case, and the person (the deponent) answers under oath. |
| Expert Witness | a person with specialized training and experience about particular subject matter who testifies in a case to offer an opinion on an issue in the case based on his or her specialized knowledge. |
| Injunction | A judge's order that a party take or refrain from taking certain action. An injunction may be preliminary, until the outcome of a case is determined, or permanent. |
| In Loco Parentis | Latin for "in place of a parent." |
| Interrogatories | Form of discovery consisting of written questions to be answered in writing and under oath. Interrogatories are submitted to a party in the case by the party seeking discovery. |
| Judgment | A final order of the court that resolves the case and states the rights and liabilities of the parties. |
| Prima Facie | Latin for "at first look," or "on its face," referring to a lawsuit or criminal prosecution in which the evidence before trial is sufficient to prove the case unless there is substantial contradictory evidence presented at trial. |
| Remand | The act of an appellate court sending a case back to a lower court for further proceedings. |
| Respondeat Superior | Latin for "let the master answer," a key doctrine in the law of agency, which provides that a principal (employer) is responsible for the actions of his/her/its agent (employee) in the course of "course of employment." |
| Statute | A law passed by legislature. |
| Statute of Limitations | A law setting a fixed time period after which a person cannot sue someone for an alleged injury or a government cannot prosecute someone for a crime. |
| Writ of Certiorari | An order by a court to a lower court requiring that the lower court produce the records of a particular case tried so that the reviewing court can inspect the proceedings and determine whether there have been any irregularities. |
| Legal Research | Lexis Nexis |
Created by:
kil4261
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