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Civil Procedure
50 flashcards
Civil procedure refers to the rules and processes governing non-criminal legal proceedings, such as lawsuits between private parties, companies, or individuals and the government.
The main stages are: 1) Pleading (filing complaint and answer) 2) Discovery 3) Pre-trial motions 4) Trial 5) Judgment 6) Appeals (if applicable)
A complaint is the legal document that initiates a civil lawsuit, stating the facts, legal claims, and remedies sought by the plaintiff against the defendant.
An answer is the defendant's written response to the plaintiff's complaint, addressing each allegation made, raising defenses, and sometimes asserting counterclaims.
Discovery allows both parties to compel the production of evidence from the opposing party, such as documents, interrogatories (written questions), depositions (oral testimonies), and requests for admissions.
Pre-trial motions are requests made to the court before trial begins, such as motions to dismiss, motions for summary judgment, motions in limine (to determine admissible evidence), and others.
In a bench trial, the judge alone hears evidence and renders the verdict. In a jury trial, a panel of jurors hears the evidence and renders the verdict, while the judge oversees proceedings.
A default judgment is granted by the court against a defendant who fails to respond to a complaint or fails to appear at trial.
Common remedies in civil cases include monetary damages, injunctions (court orders), declaratory judgments stating parties' rights, and in some cases punitive damages.
The standard of proof in most civil cases is the preponderance of evidence, meaning the claim is more likely true than not true based on the evidence.
An appeal is a request for a higher court to review and reconsider the decision of a lower court, based on claims of legal errors.
Res judicata is a legal doctrine preventing the same case from being re-litigated once it has been conclusively decided by a final judgment on the merits.
Service of process refers to formally notifying the defendant about a lawsuit, which is a prerequisite to enabling a court to exercise jurisdiction over them.
A class action is a lawsuit where a group of people with the same interests sue as a class, with the court's rulings applying to all members of the class.
A summary judgment is a judgment rendered by a court for one party without a full trial, because there are no material facts in dispute requiring a trial.
Venue refers to the particular county, district or geographic area in which a lawsuit may properly be filed and heard based on rules.
Forum non conveniens is a legal doctrine allowing dismissal of a case when there is a more appropriate alternative forum available, despite the original court having jurisdiction.
Interrogatories are written questions one party issues that the other party must answer under oath as part of discovery in civil litigation.
A request for production compels a party to provide documents, records or other physical evidence relevant to the case as part of discovery.
To recuse refers to a judge removing themselves from a case due to potential conflicts of interest or lack of impartiality.
Diversity jurisdiction allows federal courts to hear cases between citizens of different U.S. states when the amount in controversy exceeds a certain threshold.
Sanctions are penalties imposed on parties by the court for misconduct, failure to follow rules/orders, or other violations during the litigation process.
A subpoena is a legally binding order compelling a person to appear to give testimony, produce documents, or provide evidence at a specified time and place.
Personal jurisdiction refers to a court's authority over the parties involved, based on minimum contacts they have within the court's territorial jurisdiction.
Motions in limine are requests made before trial for the court to determine whether certain evidence should be admitted, excluded, or treated in a particular manner.
Burden of proof refers to which party has the obligation to prove or meet the required standard of proof (e.g. preponderance of evidence) for disputed facts.
A protective order from the court limits or prohibits certain discovery methods to prevent disclosure of confidential or privileged information.
A judgment NOV allows a judge to overrule a jury's verdict and enter a different judgment, typically on grounds that the evidence did not support the verdict.
Voir dire is the preliminary examination of potential jurors to determine their qualifications and suitability to serve on the jury.
Collateral estoppel prevents relitigation of the same issues already conclusively decided in an earlier action between the same parties or their privies.
For a claim to be time-barred means the lawsuit was filed after the applicable statute of limitations had expired, barring recovery.
A Daubert hearing is a proceeding to evaluate whether an expert witness' scientific or technical testimony is sufficiently reliable to be admissible.
Remedies for civil contempt include fines, imprisonment until compliance, compensatory damages, attorneys' fees, and court orders enforcing compliance.
The Erie doctrine requires federal courts exercising diversity jurisdiction to apply substantive state law rather than general federal common law.
Compulsory counterclaims are claims a defendant is required to assert against the plaintiff in the same lawsuit, based on the same transaction or occurrence.
A writ of certiorari is an order for a higher court to review the decision of a lower court, most commonly associated with the U.S. Supreme Court.
A motion for judgment as a matter of law requests the court to enter judgment in favor of the moving party, asserting the opposing party failed to provide sufficient evidence.
A Markman hearing is a pre-trial proceeding in patent cases where the court interprets and rules on the scope and meaning of key terms in the patent claims.
The work product doctrine protects from discovery the materials prepared by an attorney in anticipation of litigation, such as theories, mental impressions, and legal strategies.
An ex parte proceeding is one brought on behalf of and conducted without notice to the opposing party, only heard by a judge with the moving party present.
Remittitur is a procedural process where a judge reduces a jury's excessive damages award to a legally reasonable level, or orders a new trial on damages.
Arbitration is a form of alternative dispute resolution where parties agree to submit their dispute to an arbitrator for a binding decision, outside the court system.
Supplemental jurisdiction allows federal courts to hear state law claims substantially related to other claims over which the court has original jurisdiction.
A special master is a subordinate official appointed by a court to oversee specific issues or proceedings to aid the judge.
A Lone Pine order requires plaintiffs in complex cases like mass torts to provide specific evidence supporting their claims early in the litigation.
The Younger abstention doctrine requires federal courts to abstain from hearing cases involving ongoing state criminal prosecutions or civil enforcement proceedings.
Issue preclusion, or collateral estoppel, prevents re-litigation of an issue of law or fact already conclusively decided in an earlier proceeding between the parties.
A Bivens action is a lawsuit brought directly under the U.S. Constitution against federal officials for violating an individual's constitutional rights.
The first-to-file rule gives priority and jurisdiction to the court where substantially similar litigation is first filed, to avoid duplicative litigation.
Statutes of repose establish time limits for initiating certain types of lawsuits, regardless of if the harm or defect has been discovered yet.