Explore tens of thousands of sets crafted by our community.
Civil Procedure Terminology
15
Flashcards
0/15
Summary Judgment
A procedural device used to dispose of a case without a trial when there is no dispute as to the material facts of the case and one party is entitled to judgment as a matter of law.
Complaint
A formal legal document that starts a lawsuit, containing the allegations of the plaintiff and the acts or omissions complained of.
Answer
The defendant's written response to the plaintiff's complaint, addressing the allegations made and asserting defenses and counterclaims.
Discovery
The pre-trial process where parties obtain evidence from the opposing party or third parties, using tools such as interrogatories, depositions, and requests for production.
Jurisdiction
The legal authority of a court to hear and decide a case, including the power over the parties involved and the subject matter of the dispute.
Interrogatories
Written questions sent by one party to another, which the receiving party is required to answer in writing and under oath as part of the discovery process.
Motion to Dismiss
A legal pleading filed by a defendant arguing that, even if all the allegations in the complaint are true, there is no legal basis for the lawsuit and it should be dismissed.
Default Judgment
A judgment entered by the court against a defendant who has failed to respond to a summons and complaint within the time required by law.
Venue
The geographic location where a lawsuit can be properly filed and heard, based on where the parties reside or where the events took place.
Voir Dire
The jury selection process in which attorneys for both sides question prospective jurors to determine any biases or inability to serve impartially.
Subpoena
A legal order compelling a person to appear and testify or produce documents or other evidence in a legal proceeding.
Pleadings
The formal written statements by the parties to a lawsuit of their respective claims and defenses, including the complaint, answer, counterclaim, and reply.
Injunction
A court order requiring a party to do or cease doing a specific action. It is a form of equitable relief designed to prevent harm rather than compensate for it.
Class Action
A lawsuit where one or several persons sue on behalf of a larger group of persons, referred to as the class, who share common legal claims and issues.
Deposition
An out-of-court statement given under oath by any person involved in the case. It is part of the pre-trial discovery process, where witnesses provide sworn testimony.
© Hypatia.Tech. 2024 All rights reserved.