Term
| informal discovery period |
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Definition
| time between the event that gives rise to the suit and the filing of a complaint |
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| plaintiff contacts an attorney and explains circumstances. Attorney makes legal alternatives available known |
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| attorney's percentage of the money won |
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| written documents that include plaintiffs complaing, the defendant's answer and at times the plaintiff's reply. |
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| plaintiff alleges jurisdiction, set forth facts and demands relief |
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| defendant makes admissions or denials, asserts legal defenses and raises counterclaims |
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- Personal service
- Substituted service - mailing the summons and having someone of suitable age and discretion retreive it.
- Constructive service - publish in the newspaper for 3 weeks
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Term
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| prior to a civil action, each party is entitled to information in the possession of others; including identity and locastons of persons, the existence and location of documents, known facts and opinions of experts. *used to prevent surprise at trial* |
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| focuses on whether a case has developed sufficiently to be before a court for adjudication |
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| focuses on whether the plaintiff who filed the lawsuit is the right person or entity to be bringing this particular claim before the court |
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| cases outside the judicial power b/c there is no case or controversy |
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| American courts should not determine the validity of public acts committed by a foreign sovereign within its own territory |
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| time period, established by the legislature, within which an action must be brought upon claims or rights to be enforced |
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| can be used to deny a plaintiff an equitbale remedy who has unreasonably delayed filing suit |
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Term
| claim preclusion (res judicata) |
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Definition
| final decision by a competent court on a lawsuit's merits concludes the litigation of the parties and constitutes the end of a new suit |
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Definition
| claims bade by the plaintiff and claims that could have made, but were not, merge into the judgement and are extinguished. |
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| a relationship between two people that allows one not directly involved in the case to take the place of the one who is a party |
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| requiring someone to do or regrain from doing something |
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| a judicial determination of the parties' rights |
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| judicially rewriting a written instrument to reflect the real agreement of the parties |
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| specific performance, rescission, reformation and/or injunction. a matter for judges, not juries |
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| Judicial remedy: Common law |
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Definition
| Damages, replevin, ejectment |
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| cancellation of a contract due to fraud or unilateral erroe re land or unique chattel |
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Term
| Judicial rememedies: common law: Damages |
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Definition
| compensatory, punitive, nominal, liquidated |
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| a trivial amount of money awarded where no actual loss resulted from a wrong |
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| money awarded as per the parties' previous agreement |
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| lawsuit to recover possession of chattels unlawfully taken |
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| lawsuit to recover posession of land and damages |
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| prevents recovery for damages that could have been foreseen and avoided by reasonable effort without undue risk, expense or humiliation |
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| used to deter from repeat conduct. generally available for intentional torts. |
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