Injunction

Court order directing a defendant to start or stop something 

Punitive

Compensate a plaintiff for the losses suffered due to the harm caused by the defendant in addition to monetary damages

Two general divisions of law

1. Criminal

2. Civil

Civil Litigation

Lawsuit conducted through the court system

Statutory Law

Enacted law; law of the land; voted by Congress or legislatures that govern procedural rules such as California Code of Civil Procedure

Case Law

Cases previously decided on by the court; cases that set the precedent

Substative Law

Defines the specific rights and duties to the parties

Jurisdiction

Courts power to hear the case

Venue

Geographic location of the court; determined by where the incident occurred or where the defendant resides

What are the 3 documents to start litigation?

Civil Case Cover Sheet

Summons

Complaint

Who prepares the Summons?

Plaintiff's representation

Role of the Defendant

Person the claim is brought against

Answer

The first responsive pleading filed by the defendant; a formal written statement that admits or denies the allegations

How does the Defendent

Attack the Complaint

1. Motion to Quash- the D. claimes that he/she had a problem with the way he/she was served

How does the Defendent

Attack the Complaint

2. Motion to Strike- portion of the complaint is incorrect

How does the Defendent

Attack the Complaint

3. Demurrer- fatal flaw- Cause Of Action (COA)

Parts of the Complaint

1. Caption

2. Intro-States P., D., venue and jurisdiction.

3.Body-Consists of

4. General Allegations-states negligence

Parts of the Complaint

5. Cause of Action- stating facts

6. Prayer for Relief- states what P. wants

7. Dateline and Signiture Block

Civil Case Cover Sheet

Filed in the court at the same time as complaint

Summons

Invitation of court to the Defendent; formal notification of lawsuit

What is endorsed and conformed?

Court keeps original documents and returns a copy with court stamp on it

Fax Filing Agency

Will receive documents by fax and file it with the court; deliver the documents, file it and pay all fees

Direct Fax Filing

Some courts allow it 

Electronic Service

Needs an agreement in writing

Protection of Privacy

The parties incolved and their attorneys are responsible for reacting personal information from filings

CCMS

Court Case Management System- a scanning system for the court of cases

Request for Dismissal

Must serve and file for dismissal of the entire action within 45 days after the date of settlement

Legacy Cases

Cases filed prior to 2007- paper copy

Reduct

Careful editing; removing confidential information

Council

Group

Counsel

Attorney

With Prejudice

Bars the right for any future claim in that case; loss of all right

Without Prejudice

Without any loss of right; legal rights or privligaes of a party not harmed

Procedural Law

How we go through the legal proceeding

SBN

State Bar Number; unique to indvidual attorneys

Counter Claim

Cross Claim

Joinder

Case that is already in progress that you're joining up with

Burden of Proof

Obligation to establish resonable doubt; clear and convincing evidence

Tort

Private wrong or injury that often involves negilence

Tortfeasor

Wrongdoer

Declaration

Declares the rights of a party; asking for the rights

Elements of Negligence

1. Duty

2. Breech

3. Causation

4. Damages

Affirmative Defense

Defending thier actions

Contributory Negligence

Plaintiff caused action to happen

Judicial Council Form

Accepted in all counties

Local Form

For only use in the county

What is California's Trial Court

Superior Court of California

How many counties in California?

58 counties

How many subject matter codes in California?

29 subject matter codes.

Monetary

Compensatory damages that are awarded in order to compensate a plaintiff; whatever will make them whole again.