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| All the property left by someone who has died |
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| Does not directly harm the community, the person harmed sues the violator |
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| Joint and several liability |
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| When multiple defendants may be found liable as a group or separately |
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| Attorney acts on behalf of client in court. May be an in-person appearance or filing a doc with the court |
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| The physical location of a trial |
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Cases may be heard by the supreme court to prevent bias.
Parties from different states and the amount of money claimed as damages exceeds the minimum federal statute, set by state |
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time limit for filing suit.
Suits filed after that time will be dismissed.
Clock starts when damages were incurred. |
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Pleading initiating litigation.
Filed by plaintiff.
Contains general allegations against defendant. |
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| Legally viable reason to sue |
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| This is what I believe happened |
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| Element of complaint that asks for damages. Says okay this is what I want |
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| doc filed with court asking court to take a specific legal action. Asks the court to rule on a procedural matter. A pleasing states the party's position in a legal action. |
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| Either party has right to demand jury trial, but if both parties agree, can just be judge. |
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| Doc is filed when it is presented to the clerk of the court. ALL docs must be stamped received at the time of filing. |
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Process of SUMMONS and COMPLAINT
Delivery of complaint to defendant |
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| A person permitted by law to serve legal documents |
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| Authority of court to hear and decide case. Depends on location, amount of damages |
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Jurisdiction over a person
Concerns citizenship |
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| In rem - where controversy arose- means "the object" |
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| Quasi in rem jurisdiction |
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| Jurisdiction over property even though the property is not in the controversy (IE lake house that can't be sold until judgement on case is made) |
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| if you buy this house it is subject to the outcome of litigation. Ancillary property that will help that court will help plaintiff obtain as part of summary judgement |
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Defendants answer to petition/ complaint.
Contains Denial of obligation, |
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| Admission that event did occur, but that that occurrence is not the fault of the defendant. Defendant is not alleging damages . |
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| Claim by defendant against plaintiff. Different from affirmative defense bc defendant is alleging damages against plaintiff. |
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| claim by one defendant against co-defendant like windshield manufacturing company would be co-defendant in owl case. perhaps driver of vehicle would make cross claim against windshield manufacturer. Must serve and show burden of proof for claim against third party. |
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| Pleading is plaintiff's response to defendant's counterclaim |
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Plaintiff moving for default judgement. If palintiff has moved for default judgement and he hasn't answered the complaint in a timely manner, the judge can decide the case without answer.
Defendant must only prove defendant was properly served
Damages
No other breach of duty is required. All other allegations are taken as true. |
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12-B motion
Federal Courts |
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Motion made by defendant. Plaintiff has not met legal standard to seek judgement against me.
Complaints need to be thorough for this reason. |
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May dismiss for lack of jurisdiction
Perhaps case was filed in wrong venue. |
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Lawsuit
The terms are synonymous |
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| statements the other side has to affirm or deny regarding facts of case. Exist to pin down legal issues and narrow focus of case. |
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Specific document requests
Each form usually has a template |
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| Requests for mental/ physical examniation |
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| Right to refuse to testify or to prevent someone else from testifying |
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| Very uncommon. Only one side communicates with judge and asks if that party has to share X with other party in dispute |
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| Motion for summary judgment |
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| After discovery, can be requested by defendant. Plaintiff has failed to prove one cause of action (say breach of duty). Judge makes decision and case doesnt go to court. |
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| No evidence required. Filed when parties settle. |
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| a judicial official who presides over hearings and deals with procedural matters. Does not have all authority of judge. |
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| directly proves fact in dispute |
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| Jury must infer proof of fact |
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| to question perspective jurors |
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| Preponderance of the evidence |
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| The burden of proof in civil cases |
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| compels appearance of witness and orders witness to provide specific documents |
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| covers your ass in case witness is late. |
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| Lawyers object out loud in court |
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| to have the objection on record for appeal. |
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ask judge to limit what other side can say to jury. If violated, judge can declare mistrial.
EX: The plaintiff has an insurance policy that would cover damages by defendant in full. |
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| Negligence per se statuatory duty created. If violating statuatory duty, the question is |
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| is your duty the proximate cause of the damages? |
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| Defense motion. Plaintiff failed to establish prima facie case. Perhaps failed to establish damages. |
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Similar to motion for directed argument.
Judge should not grant unless total lack of evidence in case. |
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| Judge adding to amount of damages |
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New trial not new verdict.
Done to preserve record for appeal.
Necessary for appeal. |
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| Received after judgement. Abstract is synopsis of judgement |
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| Motion for Judgement NOV (non obstante verdicto) |
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| A motion asking the ciyrt ti disregard the jury's verdict in favor of the court's (judges) |
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| a sum of money held by the court to ensure the funds from the award will be available after the appellate process if needed |
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| once a case has been decided on its merits it may not be re-litigated (double jeopardy) |
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| Filed to high court if case is lost in intermediary appellate court. may be denied. Heard sometimes if circuit courts have differing rulings on case. |
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Les sthan one year in jail.
Punishment is fine. |
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| One or more years in prison and possible fine. |
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| Decision by prosecutor not to press charges even if he believes there is sufficient evidence to do so. |
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guilty and agree to negotiate plea bargain.
Judge can withdraw a plea of guilty if he thinks there is not enough evidence. You can agree to plea bargain or let the judge sentence you. |
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Admit no wrongdoing
Can't be used in on-going civil case. |
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Charges are read to defendant
Plea bargain? |
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| Priciple that court should follow previous court rulings unless compelling new evidence calls for judge to deviate from previous rulings. |
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| State cannot appeal if defendant aquitted |
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| Defendant can appeal if found guilty. |
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