Knowledge Checks (4.3 Civil Litigation Study Support)

this is essentially a broad overview of chapter 4 civil litigation vocabulary, but worded in a more quiz-like manner (rather than just terms and descriptions, uses questions)

What are the five major discovery devices?

interrogatories

request for admissions

request for production

request for mental (or physical) examination

depositions

What discovery document contains statements which must be affirmed or disavowed?

Request for Admissions

What does "limited discovery" mean?

Limited discovery is when court rules limit the amount of discovery requests, such as limiting each party to only 40 total Interrogatories.

which discovery document is comprised of written questions which must be responded to under oath.

Interrogatories

What discovery devices can be used to obtain information from witnesses?

Depositions may be used for either parties or witnesses. The other discovery devices may only be sent to the opposing party, and not to witnesses.

What does a diversity of citizenship case involve?

When two parties from different states are involved in litigation for more than the minimum amount set by Federal Statute, the case may be moved from state court to federal court.

What is the monetary standard for a diversity case?

$75,000 (amount may change in the future)

Generally, what law is applied in a diversity case?

Usually, the federal court which hears the diversity case will apply the relevant state law

What does jurisdiction mean?

The power of the court to hear and decide a case

What is in rem jurisdiction?

Jurisdiction the court has over a specific controversy. The controversy is often property.

What is in personam jurisdiction?

Jurisdiction over a person

What is quasi in rem jurisdiction?

The power of the court to take control or jurisdiction over property, even though the property was not the controversy in litigation. Often the property will be used to satisfy a judgment in a separate matter.

Name at least 3 subject matter jurisdiction courts.

Bankruptcy Court

Family Court

Tax Court

Water Court (Colorado)

Juvenile Court

Small Claims Court

What is an opinion?

The written decision of the court explaining why it reached its decision.

Name the three basic kinds of opinions which may emanate from an appellate level court.

Majority

Concurring
Dissenting

What actions can the court take within the majority opinion?

-The court can affirm, modify, reverse, remand, or any combination

What is a concurring opinion?

When a justice agrees with the result of the majority, but arrived at the result for different reasons.

What is a dissenting opinion?

An opinion which disagrees with the majority of the court

Which is the strongest form of opinion?

The Majority Opinion

plaintiff

The party who initiates legal action.

defendant

party against whom legal action is brought.

co-defendants

When there are multiple defendants, they are called this.

The plaintiff seeks to be awarded ______ in a civil case.

damages

When the court decides what the final resolution of a case is, it enters its .

judgment

A legal suit is also referred to as .

litigation

When the appellate court disagrees with the trial court's decision or conduct, it can the trial court's decision.

reverse

When an individual has been served with legal papers, __________ has occurred.

personal service

When the appellate court alters part of a trial court's decision, it the trial court's decision.

modifies

To make a formal request to the court. An attorney may the court on behalf of a client.

petition

A is an agreement between the accused and a prosecutor in a criminal case to resolve the matter by allowing the defendant to plead guilty. The prosecutor agrees to accept a lesser charge, or agrees to request a more lenient sentence than might have been possible.

plea bargain

What are the five major pleadings?

Complaint

Answer

Counterclaim

Cross Claim

Reply

What document responds to allegations made in the counterclaim?

the Reply

What document responds to allegations made in the complaint?

Answer

Answer may contain what other legal assertions?

The answer should contain any affirmative defenses, cross claims, or counterclaims

What document responds to claims made in the affirmative defense?

Reply

Is an affirmative defense a pleading?

Even though contained within the Answer, it is not a pleading since it does not make or respond to specific allegations.

What is an affirmative defense?

An affirmative defense admits that an event claimed by the plaintiff did occur, but states that the fault was beyond the control of the defendant, thereby making the defendant not liable.

What is the difference between an affirmative defense and a counterclaim?

-A counterclaim asks for damages since it alleges that the plaintiff damaged the defendant.

-An affirmative defense does not make allegations against the Plaintiff, so does not seek damages.

When a document is filed with the court, what must the filing party do?

Send a copy other interested parties, including the defendant. (A certificate of mailing suffices in most cases, except for the complaint and counterclaim. They require a summons with affidavit of service.)

What document initiates a legal action?

complaint

What is always served upon a defendant with the complaint?

Summons

Voir dire can mean two things. What are they?

Questioning of potential jurors

Questioning potential witnesses to determine their fitness to testify

When does voir dire take place?

During the pretrial stage, usually right before the trial begins

n what two manners may a potential juror be dismissed?

Challenge for Cause

Peremptory Challenge

Challenge for Cause -What is the definition?

Dismissing a juror for good cause, such as bias

Peremptory Challenge -What is the definition?

Challenges for which no cause is needed. Each side is given the same amount of peremptory challenges for which they do not need to provide a reason for dismissal of the potential juror.

Define service.

presenting of legal documents upon an individual

The delivering of a summons and complaint upon a defendant is called service of

process

Name two documents which should be served with an affidavit of service.

1. Summons

2. Subpoena (and Subpoena duces tecum)

When serving a subpoena, one is serving it upon a .

witness

What other document is usually served with a summons? besides the complaint?

a counterclaim, since it is equivalent to a complaint against the plaintiff

In order for service to be properly effectuated (or perfected), what document must be filled out and notarized?

the Affidavit of Service (aka Return of Service or Proof of Service)

What does the summons do?

Notifies the defendant that a suit has been commenced, and that the defendant must respond or appear in a specific amount of time.

A document demanding that someone appear and bring documents is a .

subpoena duces tecum.

The place of trial is the .

venue

A compromise between parties is a .

settlement

The court where evidence is presented and witnesses heard, often with a jury.

the trial cour

The doctrine whereby the court generally follows previous court actions.

stare decisis

A case that is sufficient on its face.

prima facie case

Define probable cause.

a reasonable basis to believe that a person has committed a criminal offense

This person responds to an appeal.

the appellee or respondent

The point at which a series of events begin which result in an event in which damages occur. Looking back, it was the point of no return.

proximate cause

The power of a court to decide a case.

jurisdiction