Power Point Section 5 – Litigation Process (Vocabulary Flashcards)

Vocabulary flashcards covering key terms from the Litigation Process sections 5.1–5.8.

Complaint

Plaintiff's initial filing outlining facts, damages, and legal claims.

Summons

Formal notice to defendant that a lawsuit has been filed.

Answer

Defendant's response to each claim, admitting or denying.

Counterclaim

Defendant sues the plaintiff in the same case.

Cross-Claim

Defendant brings in a third party who may be partly liable.

Pretrial Motions

Requests to the court for a ruling or action before trial.

Dismissal

Pretrial motion to dismiss the case.

Summary Judgment

Pretrial motion asking the court to decide the case because there are no genuine disputes of material fact.

Trial Motions

Motions made during trial, such as excluding evidence.

Exclude Evidence

Motion to bar admission of certain evidence at trial.

Post-Trial Motions

Motions after verdict to overturn or modify the decision.

New Trial

Post-trial motion requesting a fresh trial.

Overturn Verdict

Post-trial request to reverse the jury's or judge's verdict.

Depositions

Oral questions under oath, recorded, often held before trial.

Interrogatories

Written questions under oath exchanged between parties.

Requests for Production

Demands for documents, emails, and physical evidence.

Requests for Admission

Yes/no statements to narrow issues in dispute.

Subpoena duces tecum

Court order to bring documents or physical evidence.

Pretrial Conference

Meeting between judge and attorneys before trial to plan and resolve issues.

Voir Dire

Process of questioning potential jurors to assess bias.

Opening Statements

Initial overview of each side's case to the jury.

Plaintiff’s Case

Plaintiff presents witnesses and evidence; includes direct and cross examination.

Direct Examination

Initial questioning of a witness by the party that called them.

Cross-Examination

Opposing party questions the witness to test credibility.

Defendant’s Case

Defendant presents witnesses and evidence.

Closing Arguments

Summarize the case and persuade the jury or judge.

Jury Instructions (Charge)

Judge explains the applicable law to the jury.

Civil Standard of Proof

Preponderance of the Evidence (more likely than not).

Criminal Standard of Proof

Beyond a Reasonable Doubt.

Deliberations

Private jury discussions to reach a verdict.

Verdict

Final decision by the jury; civil cases usually rely on majority, criminal requires unanimity.

Hung Jury

No unanimous verdict in a criminal case, resulting in a mistrial.

Post-Trial

Stage after verdict including motions and appeals.

Motions (Post-Trial)

Requests to overturn or modify the verdict after trial.

Appeals

Appellate courts review legal issues only; no new facts.

Appellate Courts

Courts that review the trial court's legal rulings.

Affirm

Appellate decision to uphold the lower court's verdict.

Reverse

Appellate decision to overturn the verdict.

Remand

Appellate order to return the case to the lower court for further action.

Collecting Judgments

Process of collecting money awarded; can be difficult if assets are hidden.

Garnishments

Taking wages or other assets to satisfy a judgment.

Liens

Legal claims on property to secure payment of a judgment.

Seizures

Taking control of property to satisfy a judgment.

Bankruptcy

Legal process that can block or delay collection of judgments.