Study Guide
Litigation - ✔✔__________ is the process by which one person another person in a court of
law to enforce a right or seek a remedy.
Litigation Stages - ✔✔Pre-Filing Investigation
-Summons/Commplaint
Pre-Trial Stage
-Intial Pleadings
-Discovery
Trial
Appeal
ADR
Civil Litigation - ✔✔Harm to the individual is ______ ______. 50.1%
Criminal Prosecution - ✔✔Harm to society is _____ ______. Beyond a reasonable doubt.
Discovery - ✔✔_______ is the modern pretrial procedure by which one party gains
information from the adverse party.
Discovery - ✔✔The ______ stage in Litigation.
-Interrogatories
-Requests for production of documents and physical examinations
•Motion to produce
-Requests for admission
,-Depositions
Interrogatories - ✔✔_______ are written questions sent by one side to the opposing side,
answered under oath.
Requests for Admission - ✔✔_________ ___ _______ is a document that lists statements
regarding specific items for the other party to admit or deny.
Request for Production - ✔✔____ ____ ____ (motions) are written requests for one side to
turn over certain documents, or permit inspection of other tangible
things.-Sometimes to permit a physical examination
Deposition - ✔✔The _____ stage is a pretrial oral questioning of a witness under oath.
-Basically a Q&A session
-Usually in an attorney's office
-Usually no judge present
-Always recorded
•Transcript
•Audio
•Video
•Purposes
-Locks in testimony
-Evaluates the witness
-Leads to other information
Trial Components - ✔✔_____ ______
•Jury Selection
, -Voir Dire
•Questions about fitness to serve in unbiased, impartial manner
•Challenge for Cause/Peremptory Challenge
•Opening Statements
•Presentation of Evidence
-Plaintiff / prosecution goes first
-Witnesses, experts, physical evidence
-Objections: leading, hearsay, relevance, etc.
•Closing Arguments
•Jury Instructions
•Jury Deliberations, Verdict, and Judgment
Voir Dire - ✔✔____ ____ is a preliminary examination of a witness or a juror by a judge or
counsel.
Ambulance Chaser - ✔✔A ______ _____ is an a lawyer who specializes in bringing cases
seeking damages for personal injury.
Practice - ✔✔The ____ of law is the application of a rule of law to a particular person's facts
and giving a response
Tort - ✔✔A ____ is a wrongful act or infringement of a right (other than under contract)
leading to civil legal liability.
Tort - ✔✔What is a "____"?
•A wrongful act that results in injury or loss to another.
-"Another" usually = victim