Chapter 3

  1. Litigation
    • the process of bringing,
    • maintaining and defending a lawsuit
  2. Pretrial Litigation Process



    pretrial judgments, and settlement conference
  3. Pleading

    • Complaint:
    • initiates lawsuit and it is done by the plaintiff

    • Summons: a court
    • order directing the defendant to appear in court and answer the complaint
    • (serving)

    • Answer: the
    • defendant answers the summons by admitting/denying the claims made against them
    • to the court.
  4. Default judgement
    • pretrial litgation process where
    • the defendant doesnt answer an all the plaintiff has to prove is damages
  5. Affirmative defenses
    • claiming self defense if the
    • plaintiff was hurt or the statue of limitation (time to hear the case) has
    • expired
  6. Cross-complaint and reply
    • part of pretrial litigation where
    • defendant believes he/she has been injured by the plantiff and files a claim against them. the planitiff must reply to the cross complaint
  7. Consolidation
    • court combines two or more
    • separate lawsuits into one lawsuit.

air plane crash mulitple people injured take all claims put them into one suit.
  8. Statute of Limitations
    • period of time in which plaintiff
    • must bring a lawsuit against a defendant to sue. Statrs righ after alleged accident occured .
  9. Discovery
    • legal process during which each
    • party engages in various activities to discover facts of the case from the other party and witnesses before the trial: 

witness list 
production of doc
  10. Deposition
    Oral testimony given by a party or witness prior to trial. The testimony is given under oath and is transcribed
  11. Interrogatories
    Written questions submitted by one party to another party. The questions must be answered in writing within a stipulated time.
  12. Production of Documents
    A request by one party to another party to produce all documents relevant to the case prior to the trial.
  13. Settlement conference
    • a hearing before a trial in order
    • to facilitate the settlement of a case, pretrial hearing
  14. Trial
    Jury Selection

    Opening Statements

    Plaintiffs Case

    Defendants Case

    Rebuttal and Rejoinder

    Closing Arguments

    Jury instructions

    Jury Deliberation/Verdict

    Entry of Judgement
  15. Appeal
    • only defendant can file an appeal
    • in a criminal case. A notice of appeal must be filed within a prescribed time after judgment (60 or 90 days)

they do not review whole case just all areas judge makes a mistake 
ex: objections
  16. Jury instructions
    if you dont have a doubt guilty

    if you do have a doubt not guilty

    • 75 % people say guilty than defendant is
    • liable
  17. Alternative Dispute Resolution
    1.) Arbitration

    2.) Mediator

    3.) Mini trial
  18. Arbitration
    • expert in subject matter helps
    • decide the case only takes a day or two. If you lose can appeal in court (much
    • cheaper)
  19. Mediator
    • where use a neutral 3rd party to
    • propose settlement of dispute. Do not make binding decisions
Card Set
Chapter 3