Chapter 5 - Court Procedures

Stages of Civil Litigation

The sequential processes involved in resolving a civil legal dispute, typically including hiring an attorney, filing a complaint, and going through discovery and trial.

Plaintiff’s Civil Complaint

The initial document filed by the plaintiff outlining the claims against the defendant and the relief sought.

Subject Matter Jurisdiction

The court's authority to hear the type of case presented.

Personal Jurisdiction

The court's authority over the parties involved in the case.

Compensatory Damages

Monetary compensation awarded to a plaintiff to cover the loss or injury suffered.

Defendant’s Response to Complaint

The defendant's formal reply to the claims made in the plaintiff's complaint, which can include admissions, denials, and defenses.

Summary Judgment

A legal decision made by the court before a trial, stating that no factual issues exist and one party is entitled to judgment as a matter of law.

Discovery

The pretrial process where parties exchange information and gather evidence to prepare for trial.

Depositions

Witness testimonies taken under oath before trial, where lawyers ask questions to gather information.

Direct Evidence

Evidence that directly proves a fact, such as eyewitness testimony.

Circumstantial Evidence

Evidence that implies a fact or event without directly proving it, often requiring inference.

Expert Witnesses

Professionals who provide specialized knowledge or expertise in court to help clarify complex issues.

Trial

The formal examination of evidence before a judge or jury to resolve a legal dispute.

Opening Statements

Initial remarks by attorneys at the start of a trial, outlining the case and what they intend to prove.

Directed Verdict

A ruling by the judge, typically at the close of the plaintiff's case, stating that the plaintiff has not proved their case and the jury must find for the defendant.

Pretrial Conference

A meeting between the judge and the parties involved to discuss the trial procedure and attempt to resolve issues prior to trial.

Motions before Filing Answer

Various requests made by defendants to the court prior to responding to the plaintiff’s complaint, including motions to dismiss.

Waiver

The legal relinquishment of a known right, often related to a failure to assert a claim or defense.