MGT 201 chapter 3 Litigation

Plaintiff

The party that starts a lawsuit

Prosecution

The government's side in a criminal case

Defendant

Responding party to a civil or criminal action

Pro se

Latin for "on one's own behalf” a litigant representing herself without an attorney

In-house counsel

The attorney employed by and representing only one enterprise

Outside counsel

Law firm attorneys representing a company or other enterprise

Grand jury

A body of citizens examining whether someone accused of a crime should be formally charged

Petit jury

A body of citizens determining guilt or innocence in a criminal trial or liability in a civil trial

Attorney - client privilege

A doctrine that requires all communications between client and attorney be kept secret by the attorney from any disclosure to any person

Claim

Any legal right to seek a remedy for a wrong

Complaint

The initial document that starts the lawsuit by setting forth the plaintiff’s claims

Answer

The defendent’s written response, in a civil suit, to the plaintiff’s complaint

Affirmative defense

A defense that does not deny the defendant’s actions but provides a reason or justification, such as self-defense

Counterclaim

A claim by a defendant against the plaintiff

Standing

The Constitutional requirement for the right plaintiff to bring a claim at the right time in litigation

Personal jurisdiction

A court’s jurisdiction over parties in litigation

Service of process 

The procedure to give legal notice to a litigant that a court is exercising personal jurisdiction over that person

Damages

Loss suffered by plaintiff, typically expressed in terms of money

Specific performance

A nonmonetary remedy available in certain cases whereby the defendant is ordered to perform the specific act agreed to in a contract

Injunction

An order by a court to a party to do something or to stop doing something

Irreparable harm

A type of injury that cannot be corrected by money or by putting things back to where they were

Affidavit

A sworn statement in writing made under oath

Discovery

The method used in civil and criminal cases to obtain information about each party’s case

Interrogatory

Written questions posed by a party to another party during discovery

Request for production of documents

Request for admission

A set of statements posed by one party to another for purposes of having the other party admit or deny the statements to narrow the scope of facts to be tried

Deposition

A statement by a party or witness made under oath

E-discovery

Discovery involving electronically stored information

Voir dire

The questioning of prospective jurors

Opening statement

The statement by attorneys to the jury at the beginning of the trial, laying out the essential facts of the case

Direct examination

Examination through questioning of a witness by the side that called the witness

Cross examination

Examination through questioning of a witness called by the opposing side

Closing arguments

Summation of the case presented by attorneys at the conclusion of presentment of evidence

Motion for directed verdict

An action by the court to direct a verdict when a party has failed to meet its burden of proof

Verdict

A jury’s decision

Judgment

A formal determination of a matter by a court

Ripe

A claim ready for litigation

Moot

Abstract and theoretical. In standing cases, a case is moot if granting the remedy asked would not help the plaintiff