First stage of civil lawsuit
Second stage of civil lawsuit
Third stage of civil lawsuit
Trial (six phases)
Fourth stage of civil lawsuit
Fifth stage of civil lawsuit
Sixth stage of civil lawsuit
Initiates the lawsuit by stating one or more causes of action (valid claims). Served with summons requiring an answer to be filed to the court within a certain time or appearance in court on a certain date
Responsive Motion or Answer
Failure to file can appropriate response can result in a default judgement which means the defendant loses the case without a trial. A counterclaim (cause of action against the plaintiff by the defendant) may be included in this answer
the process of gathering information from parties or non-parties prior to trial
Discovery. Written questions sent to a party which must be answered in writing and under oath
Request for Admissions
Discovery. Written statements sent to a party which must be admitted or denied
Request for Production
Discovery. A written request sent to a party requiring the delivery of documents or objects at a specified place and time
An in-personal oral examination (questioning) of a party or a non party witness under pressure.
Motions filed in the case prior to the time trial begins
Motion to Dismiss
Pre-trial motions. A motion (request by the court) typically filed by the defendant asking the court to throw out the petition (i.e. failure to state a cause of action, lack of jurisdiction or standing)
Motion for Summary Judgement
Pre-trial motions. A motion which may be filed by any party asking for a judgement based upon affidavits and the sworn evidence uncovered during discovery. Requires the court to find there is no genuine issue of material fact
Voir Dire (Jury Selection)
Trial. The potential jurors are questioned under oath about bias or prejudice against or in favor of one of the parties. "To Tell the Truth."
Trial. A statement of the evidence the parties intend to present at trial. Trial motions are filed during the trial (Person who files a motion is called the movant)
Motion for mistrial
requires a court to find there was an event or an error which makes a fair trial or decision impossible
Motion for directed verdict
requires a court to find that the plaintiff did not present evidence necessary to support a cause of action
Direct Examination, Cross-Examination, Redirect Examination
Plaintiffs case contains ____________, ___________, and ___________.
questions by the party who calls the witness
questions by the other party
new questions to a party's witness to eliminate ???????
Direct Examination, Cross-Examination, Redirect Examination
Defendants case contains ___________,___________, and __________.
Rebuttal by Plaintiff
Trial.Calling new witnesses to contradict the evidence produced by the defendant
Trial.Also called summation. The opportunity of the parties' attorney to summarize their case and all the inferences of the evidence and to make a logical or emotional appeal to the jury.
Motion for New Trial
Post-trial motions. A request that the court throws out the decision and grant the movant a new trial
Motion for Judgement N.O.V. (Notwithstanding the Verdict)
Post-trial motions. A request that the court throws out the judgement because based upon the evidence the jury's decision was legally invalid in that the plaintiff failed to produce evidence necessary to support the verdict.
Motions filed after trial, seeking to change the result
A request by an aggrieved party (loser) to an appellate court to change a trial court's decision
A civil wrong other than breach of contract for which law provides a remedy
Tortfeasor .... Joint Tortfeasor
person committing a tort. If two or more people join together in committing a tort they are called ___________
Purpose to do the act is all that is required - do not have to intend harm or results. Reckless disregard of potential harm is usually enough.
failure to act (i.e. failure to rescue someone in danger). Generally no liability unless there is a contractual or employment duty
Reasonable person..... words..... immediate
Required elements of assault: Intent to cause expectation of harm or to cause injury of physical contact offensive to a _____________. In the actual act ______ alone are not enough, must be some outward movement creating _________ expectation of danger. The result must be reasonable expectation of immediate injury or offensive contact.
An intentional act causing immediate expectation of injury or offensive contact to another person.
An intentional act causing another person injury or offensive contact
Defense to assault and battery when the victim agrees to the physical contact (i.e surgery, contact sports)
Defense to assault and battery that involves the privilege to use the amount of force reasonably necessary to repel real or apparent danger
Defense of others
the privilege to use the amount of force reasonably necessary to repel real or apparent danger to others. Deadly force may be used if their is the danger of serious injury or death
Defense of property
the privilege to use the amount of force reasonably necessary to repel real or apparent danger to property. Deadly force never may be used.
The ability to use deadly force to protect one's home when you are there and someone tries to enter without permission. Deadly force can also be used to protect oneself in an automobile (adopted in some states)
The intentional detention of another within boundaries for any length of time with that persons knowledge and without consent
A merchant with reasonable cause to suspect shoplifting may detain suspect in reasonable manner for a reasonable length of time
Intentional Infliction of Emotional Distress
An intentional act of extreme or outrageous nature causing severe emotional distress. Shows hesitance to allow recovery for emotional injury
A publication of a defamatory false statement of fact
Defamation defense in which statements made during government hearings are not proper cause for a defamation lawsuit
Defamation defense in which statements made as a matter of the defendant's business interest are not actionable unless made with malice
Defamation defense in which statements made by the defendant must be false to be actionable
Defamation defense used as a defense to lessen damages only
Intrusion upon solitude or seclusion
i.e. posing as a telephone repair man to creep on celebrity (Type of invasion of privacy)
Public disclosure of private facts
i.e. newspaper guys sneaking in somewhere and releasing facts (Type of invasion of privacy)
i.e. pic of 90 year old used in a Globe story claiming that a 106 year old woman being pregnant (Type of invasion of privacy)
Appropriation of likeness or name
i.e. gold store changing name to Tiger Woods without license (Type of invasion of privacy)
Intentional misrepresentation of material fact. Reasonably relied on by plaintiff, resulting in damages
Trespass to Land
Property Tort. Intentional entry onto the land of another without permission (i.e. take four wheeler on someones land and damage plants)
Trespass to Chattels
Property Tort. Intentional damaging or deprivation of anothers personal property (i.e. taking friends car without asking then bringing it back)
Property Tort. Intentional retention or sever damaging of another's personal property (i.e. Hitting your enemies' car with a sledgehammer and continuing to do so until it is totaled)
Property Tort. The unjustified interference with the use or enjoyment of another's real estate (i.e. nuisance party)(i.e. cement company getting dust on everyone's property)
Intentional Interference with contract
The defendant knew there was a contract with a third party and the defendant intentionally induced the third party to break the contract (usually to get business for himself)(i.e. Texeco and Penzoil contracts with Getty Oil)
Intentional Interference with business relationship
The defendant knew of existing business between the plaintiff and a third party and the defendant used predatory practices to obtain the business for himself (i.e. Accountant waiting by elevator for people to go see another accountant upstairs and start offering them better deals)