Learn: Trial Process

Trial Process

The sequence of steps through which a civil case proceeds, including pleadings, discovery, motions, trial, judgment, and appeal.

Pleadings

The formal documents filed by the parties that establish the claims, defenses, and issues in a case.

Complaint

The document filed by the plaintiff that begins a lawsuit and states the plaintiff's claims.

Answer

The defendant's response to the complaint in which the defendant accepts or denies allegations and states defenses.

Motion to Dismiss

A motion claiming that the plaintiff has failed to state a claim upon which relief can be granted.

Discovery

The stage after pleading in which parties obtain information and evidence that may lead to admissible evidence.

Motion for Summary Judgment

A motion asking the court to decide a case before a full trial because there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Trial

The stage of a case in which facts are presented and judged according to the law.

Judgment

The formal decision entered by the court.

Appeal

A request for a higher court to review a lower court's decision for legal error.

Standing

The right of a party to challenge the conduct of another party in court.

Injury-in-Fact

An actual or imminent loss or damage suffered by the plaintiff.

Causation

The requirement that the named defendant caused the plaintiff's injury.

Redressability

The requirement that a favorable court decision will compensate for or remedy the plaintiff's injury.

Legally Cognizable Interest

A legally recognized interest or claim, such as breach of contract or theft of trade secrets.

Subject Matter Jurisdiction

A court's authority to hear the type of case being brought.

Federal Question Jurisdiction

Federal court jurisdiction over cases involving a question of federal law.

Diversity Jurisdiction

Federal court jurisdiction involving citizens of different states when the amount in controversy exceeds $75,000.

Personal Jurisdiction

A court's authority over the parties or persons involved in a case.

Minimum Contacts

The requirement that a defendant have sufficient contacts with the state so that being sued there is fair.

General Jurisdiction

Jurisdiction allowing a defendant to be sued for any claim in the relevant jurisdiction.

Specific Jurisdiction

Jurisdiction allowing a defendant to be sued for specific acts connected to the state.

Venue

The location of the court where an action can properly be brought.

Cause of Action

A legal claim that provides a basis for bringing a lawsuit.

Legal Damages

Monetary compensation sought from a court for an injury or loss.

Injunction

Equitable relief in which a court orders a party to do or stop doing something.

Equitable Relief

Non-monetary relief ordered by a court, such as an injunction.

Trier of Fact

The person or body that determines the facts of a case, usually a jury but sometimes a judge.

Bench Trial

A trial in which the judge, rather than a jury, serves as the trier of fact.

Elements of a Claim

The individual facts or requirements that must each be proven to establish a legal claim.

Trade Secret

A secret, valuable piece of information that is reasonably protected.

Misappropriation

The improper acquisition, use, or disclosure of another party's trade secret.

Trade Secret Misappropriation

Improper acquisition, use, or disclosure of a trade secret.

Damages

The monetary or other legal injury resulting from the defendant's conduct.

Unjust Enrichment

A benefit improperly received by the defendant as a result of the wrongful conduct.

Reasonable Royalty

A monetary amount that may be used to calculate damages for unauthorized use of a trade secret.

Motion to Strike

A motion asking the court to remove certain material from a pleading.

Interrogatories

Written questions that one party sends to another during discovery.

Document Requests

Requests for documents or other things during discovery.

Depositions

Discovery proceedings in which a person gives testimony under oath outside of the courtroom.

Motion for Summary Judgment Standard

The moving party must show that, viewing the evidence in the light most favorable to the other party, there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Genuine Issue of Material Fact

A factual dispute important enough that it could affect the outcome of the case.

Motion to Dismiss Standard

The complaint must allege facts, accepted as true, that support each element of a recognized claim upon which relief may be granted.

Burden of Proof

The obligation of a party to prove the facts necessary to establish a claim or defense.

Preponderance of the Evidence

The standard requiring a plaintiff to show that each element of the case is more likely than not to be true.

Clear and Convincing Evidence

A higher burden of proof requiring a fact or event to be substantially more likely than not to be true.

Affirmative Defense

A defense for which the defendant may bear the burden of proving certain facts.

Burden of Production

The burden to present sufficient evidence to prove a claim; this burden can sometimes shift.

Pre-Trial Motions

Motions made before trial, such as a motion in limine to limit or exclude evidence.

Motion in Limine

A pre-trial motion seeking to limit or exclude the use of particular evidence at trial.

Voir Dire

The process of questioning potential jurors during jury selection.

Opening Statement

A party's initial presentation explaining the case and what the party expects the evidence to show.

Case in Chief

The portion of the trial in which a party presents its evidence and witnesses.

Closing Argument

The final argument in which a party explains why the evidence supports its position.

Motion for a Directed Verdict

A motion arguing that the evidence is insufficient to prove all elements of the asserted cause of action.

Verdict

The decision of the jury or trier of fact on the issues presented at trial.

Post-Trial Motion

A motion made after trial, such as a motion for judgment notwithstanding the verdict.

Judgment Notwithstanding the Verdict

A post-trial motion asking the court to enter judgment contrary to the jury's verdict.

Entry of Judgment

The formal entry of the court's judgment after the verdict or decision.

Trial Court

The court whose main purpose is to find facts and resolve the dispute.

Appellate Court

A court that reviews whether the trial court correctly applied the law.

Legal Error

An error involving the application or interpretation of law that an appellate court may review.

Appellate Review

Review by a higher court of the lower court's decision, generally focusing on legal issues rather than finding new facts.

Findings of Fact

Determinations about what actually happened in a case, generally made by the trial court or trier of fact.

Appellate Court's Role

The appellate court reviews the trial court for legal error and generally cannot make findings of fact.

Per Curiam

Latin meaning "by the Court"; a decision issued by the court rather than attributed to a particular judge.

Preliminary Ruling

A ruling made before the issues in a case have been fully decided.

Trade Secret Elements

Existence of a trade secret, misappropriation by the defendant, use or threatened use, and damages or legal injury. create set