Shared Flashcard Set

Details

Chapter 7
P 228-236
17
Law
Undergraduate 2
10/11/2008

Additional Law Flashcards

 


 

Cards

Term
LITIGATION
Definition

The bringing, maintaining, and defense of a lawsuit comprise the litigation process.

Term

CIVIL LITIGATION

Definition

Legal action to resolve disputes between parties (may be individuals, businesses, or in some cases. government agencies.

Term
CRIMINAL LITIGATION
Definition

Brought by the government against a party accused of violating the law.

Term
PLEADINGS
Definition

The paperwork that is filed with the court to initiate and respond to a lawsuit.

Term

WHAT ARE THE MAJOR PLEADINGS?

Definition
  1. THE COMPLAINT
  2. THE ANSWER
  3. THE CROSS-COMPLAINT
  4. THE REPLY
Term
PLAINTIFF
Definition

The party who is suing.

Term

COMPLAINT

Definition

The document the plaintiff files eith the court and serves on the defendant to initiate a lawsuit.

 

*Also called a plaintiff's original petition or summons in some jurisdictions.

Term

SUMMONS

Definition

A court order directing the defendant to appear in court and answer the complaint.

Term
DEFENDANT
Definition

The party who files the answer.

Term

CROSS-COMPLAINT

OR

COUNTER CLAIM

Definition

Filed by the defendant against the plaintiff to seek damages or some other remedy.

Term

CROSS-COMPLAINANT

Definition

The defendant

Term

CROSS-DEFENDANT

Definition

The plaintiff.

Term
REPLY
Definition

Filed by the original plaintiff to answer the defendant's cross-complaint.

Term
INTERVENTION
Definition

IF other person have an interest in a lawsuit, they may step in and become parties to the lawsuit.

Term
CONSOLIDATION
Definition

If several plaintiffs have filed separate lawsuits stemming from the same fact situation against the same defendant, the court can initiate a consolidation of the cases into one case if it would not cause undue prejudice to the parties.

Term
STATUTE OF LIMITATIONS
Definition

A law that establishes the period during which a plaintiff must bring a lawsuit against a defendant.

 

*Federal and state govenrnments have established statutes of limitations for each type of lawsuit. Most are from 1-4 years.

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