Untitled Flashcards Set

Different Types of Pleadings

1. Complaint – Filed by the plaintiff to start a lawsuit.

2. Answer – Filed by the defendant to respond to the complaint.

3. Counterclaim – A claim made by the defendant against the plaintiff.

4. Motion to Dismiss – Asks the court to throw out the case.

Discovery (Types of Discovery in Litigation)

1. Interrogatories – Written questions answered under oath.

2. Depositions – In-person testimony under oath.

3. Requests for Production – Asking for documents, emails, etc.

4. Requests for Admissions – Asking the other side to admit specific facts.

Three Types of Motions

1. Motion to Dismiss – Argues the case should be thrown out for legal reasons.

2. Motion for Summary Judgment – Argues there’s no need for a trial because the facts are clear.

3. Motion for a New Trial – Requests a redo due to legal errors.

Five Elements of Negligence

1. Duty – The defendant had a legal obligation to the plaintiff.

2. Breach – The defendant failed to meet that duty.

3. Causation (Cause in Fact & Proximate Cause) – The breach caused harm.

4. Damages – The plaintiff suffered actual injury or loss.

5. Foreseeability – The harm must have been reasonably predictable.