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Chapter 11 Litigation
Terms in this set (45)
Failure to state a claim
One who by reason of education or specialized experience possesses superior knowledge respecting a subject about which persons having no particular training are incapable of forming an accurate opinion or deducing correct conclusions.
A person or institution that manages money or property of another and must exercise a standard of care imposed by law, e.g., personal representatives or executor of an estate, a trustee, etc.
The stamp placed on documents delivered to court in pursuit of legal action. The file-stamp acknowledges the date of delivery.
The fee required by the court for filing various documents.
A set fee based on a specific type of legal work.
Billing based on the time the attorney works and billed at the attorney works and billed at the attorney's hourly rate for such work.
A jury that cannot reach a verdict; a hung jury results in a mistrial.
Discredit, as a witness for an opposing party.
A set or series of written questions served upon a party, witness, or other person having information or interest in a case; a discovery device.
The written decision of a court to an action or suit submitted to the court for determination.
One who is owed money as a result of a judgement in his or her favor.
One who owes money as a result of a judgement in favor of a creditor.
A judgement debtor that has no assets to seize in satisfaction of a judgement is considered judgement- proof.
A group of men and women selected according to law and sworn to try a question of fact or indict a person for a public offense.
Trial before a jury, as opposed to trial before a judge.
An affirmative defense that alleges an inappropriate delay in filing suit that resulted in prejudice to the defendant.
Leave of Court
Permission of court to take some action.
Refers to whether a person may sue in his or her own right without being represented by someone else.
A transcript of court proceeding submitted as part of an appeal.
A lawsuit; a legal action.
Age at which a person is legally no longer a minor.
Nonbinding settlement discussions between the parties.
A judgement in which the judge set out the factual and legal reasons that the judge used to reach the conclusions given in his or her opinion.
Declared when an event occurs that undoes the ability to conduct a fair trial. One cause might be the revelation of excluded information either deliberately or accidentally; another cause would be the inability of the jury to determine a verdict.
Damages in a case that can be reduced to financial claims.
An application made to a court or judge that requests specific relief.
Motion for Continuance
A motion that seeks to postpone a trial or hearing date.
Motion for Instructed or Directed Verdict
A motion typically made by the defendant's lawyer at the close of evidence presented by the plaintiff, based on the premise that the plaintiff that the plaintiff has failed to prove his or her case.
Motion for judgement
non obstante veredicto or
notwithstanding the verdict
A posttrial motion that asks the judge to disregard a jury's verdict.
Motion for Mistrial
A motion that requests immediate dismissal of a case because inadmissible evidence has been presented that irreparably damages one of the parties' cases.
Motion for New Trial
A posttrial motion that is filed prior to requesting an appeal.
Motion for Nonsuit
A motion requesting the court to dismiss the case for lack of action on the part of the opposing party. In various courts, the action is referred to as a voluntary dismissal or motion for dismissal.
Motion for Order to Show Cause
A motion that requests the court to issue specific relief for the filing party that requires the opposing party to appear and demonstrate, or show cause, why the relief should not be granted.
Motion for Protective Order
A motion filed to protect one party from requests by opposing party, such as a request to take depositions at too great a distance from the witness.
Motion for Sanctions
A motion filed when discovery responses are not delivered timely to request disciplinary action.
Motion for Summary Judgement
A pleading that request the court to grant judgement against the opposing party, where the party filing believes there is no real issue of fact to be decided at trial.
Motion in limine
A motion which seeks to suppress revelation of certain information during litigation.
Motion to change venue
A pleading filed before answering a petition or complaint that requests the case be transferred to another county or parish.
Motion to Compel
A motion seeking an order compelling the opposing party to perform some action relative to the litigation; often used to compel production of overdue discovery.
Motion to Quash Service
A motion seeking to have service declared invalid on the basis that service was improperly made, that the wrong party was served, or that the summons does not show the date of service.
Objections can be filed when discovery requests are unreasonable, rather than answering requests that are burdensome, seek to reveal privileged documents, or seek information that may not be relevant to the case.
Statement given at the beginning of litigation by each party, detailing what the elements of the care are and what evidence will be presented.
Verbal presentation before the court of the merits and law relating to a case or an aspect of the case. In appellate court, a time limit is usually set; in other courts, the judge has discretion to set or waive time limits.
Direction of a court or judge made in writing.
Party or Person
A legal person or entity engaged in litigation with another.
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