CHAPTERS 6-10 CIVIL LITIGATION

What is evidence?

Information presented to prove or disprove facts in a case.

What is direct evidence?

Evidence that directly proves a fact without inference.

What is circumstantial evidence?

Evidence that requires inference to establish a fact.

What is documentary evidence?

Written or electronic documents introduced at trial.

What is demonstrative evidence?

Charts, diagrams, models, or photographs used to explain evidence.

What is real evidence?

Physical objects connected to the case.

What is testimonial evidence?

Statements made by witnesses under oath.

What is hearsay?

An out-of-court statement offered to prove the truth of what it asserts.

What is authentication?

Proof that evidence is genuine.

What is chain of custody?

Documentation showing who possessed evidence from collection to trial.

What is the Best Evidence Rule?

A rule requiring the original document when its contents are in dispute.

What is relevant evidence?

Evidence that tends to prove or disprove an important fact.

What is a client interview?

A meeting to gather facts from a client.

What is a witness interview?

A conversation with someone who has information about the case.

What is investigation?

Collecting facts and evidence related to a legal dispute.

What is an affidavit?

A written statement made under oath.

What is a declaration?

A written statement signed under penalty of perjury.

What are public records?

Government documents available for public inspection.

What is evidence preservation?

Protecting evidence from destruction or alteration.

What is a complaint?

The document that begins a civil lawsuit by stating the plaintiff's claims.

What is a summons?

A court document notifying the defendant that a lawsuit has been filed.

What is service of process?

Delivering legal documents to notify a defendant of a lawsuit.

What is personal service?

Delivering documents directly to the defendant.

What is substituted service?

Delivering documents to another qualified person when direct service is unavailable.

What is proof of service?

Written evidence showing legal documents were properly served.

What is pleading?

A formal written statement filed with the court.

What is a motion?

A formal request asking the court to issue an order.

What is a motion to dismiss?

A request to end a lawsuit because of legal deficiencies.

What is a motion for summary judgment?

A request for judgment because there are no genuine disputes of material fact.

What is a motion to compel?

A request asking the court to require another party to provide discovery.

What is a notice of motion?

A document informing parties that a motion will be heard.

What is a memorandum of law?

A written legal argument supporting a motion.

What is an order?

A judge's written decision or directive.

What is a hearing?

A court proceeding where a judge considers legal arguments.

What is an answer?

The defendant's written response to the complaint.

What is an admission?

A statement agreeing that an allegation is true.

What is a denial?

A statement disputing an allegation.

What is an affirmative defense?

A legal defense that, if proven, defeats or reduces the plaintiff's claim even if the allegations are true.

What is a counterclaim?

A claim filed by the defendant against the plaintiff.

What is a crossclaim?

A claim against a co-party in the same lawsuit.

What is a reply?

The plaintiff's response to certain claims made in the defendant's answer.

What is a default judgment?

A judgment entered against a party who fails to respond or appear.

What is a deposition?

Sworn testimony taken before trial outside of court.

What is discovery?

The pretrial process of exchanging information and evidence.

What are interrogatories?

Written questions one party sends to another that must be answered under oath.

What is a request for production?

A request for documents or other evidence.

What is a request for admission?

A request that another party admit or deny specific facts.

What is a subpoena?

A court order requiring someone to testify or produce evidence.

What is a judgment?

The court's final decision in a case.

What is an appeal?

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

What is a statute of limitations?

The legal deadline for filing a lawsuit.

What is a remedy?

The relief a court grants to a successful party.

What are compensatory damages?

Money awarded to reimburse actual losses.

What are punitive damages?

Money awarded to punish particularly wrongful conduct and deter similar behavior.