Civil Litigation Exam 1 Questions and Answers
Civil Litigation - ANSWER-The process of solving private disputes through the court
system
Substantive Law - ANSWER-Law that defines, describes, regulates, and creates
legal rights and obligations. Determines parties rights and obligations (what is the
law?)
Procedural Law - ANSWER-Laws that set forth legal procedures or methods used by
parties to enforce their rights or to oppose claims made against them (how do you
do the suing?)
Differences between Criminal and Civil Cases - ANSWER-Criminal cases: based on
substantive criminal laws
Civil cases: based on substantive civil laws
Goals between Criminal and Civil Cases - ANSWER-Criminal cases: punishment for
committing a crime
Civil cases: compensation for damages received
Procedures between Criminal and Civil Cases - ANSWER-Criminal cases: rules of
criminal procedure (Bill of Rights)
Civil cases: rules of civil procedure (many protections offered in criminal cases do
not exist in civil cases)
Plaintiff - ANSWER-a person who brings a case against another in a court of law.
Defendant - ANSWER-an individual or group being sued or charged with a crime
Pleadings - ANSWER-The documents that begin a lawsuit, consisting of the
complaint, the answer, and sometimes a reply
Complaint - ANSWER-The pleading made by a plaintiff alleging wrongdoing on the
part of the defendant; the document that, when filed with a court, initiates a
lawsuit.
Answer - ANSWER-A defendant's response to the plaintiff's complaint.
Default - ANSWER-Time period you have to file an answer an answer. If you don't
file an answer, then you fall into default.
Judgement - ANSWER-Final result of a trial
, Discovery - ANSWER-A phase in the litigation process during which the opposing
parties may obtain information from each other and from third parties prior to trial.
Negotiation - ANSWER-Mutual discussion and arrangement of the terms of a
transaction or agreement.
Mediation - ANSWER-A method of settling disputes outside of court by using the
services of a neutral third party
Arbitration - ANSWER-settling a dispute by agreeing to accept the decision of an
impartial outsider (out-of-court process)
Primary Law - ANSWER-constitutions, statutes, case law, rules of procedure, rules
of evidence, administrative rules, court rules, executive orders, etc.
Secondary Law - ANSWER-non-binding; anything that summarizes law, dissenting
opinions of the SCOTUS (legal encyclopedias, textbooks, form book etc. )
Trial Court - ANSWER-The first court to hear a criminal or civil case; Parties to a
lawsuit file pleadings and present evidence to a judge or jury (lower court)
Intermediate Court - ANSWER-Court between the lower court and the highest court.
Also called appellate court; Examine the trial court proceedings to guarantee the
parties received a fair trial (appellate jurisdiction)
Highest Court - ANSWER-Supreme Court; Court of last resort
(discretionary right to review cases)
U.S. District Court - ANSWER-The lowest federal courts where federal cases begin.
They are the only federal courts where trials are held. There are 94 district courts
2 federal districts in Ohio - Northern and Southern
U.S. Court of Appeals - ANSWER-A court within the second tier of the three-tiered
federal court system, to which decisions of the district courts and federal agencies
may be appealed for review.
12 appellate circuits
Ohio is in the 6th circuit (as well as Michigan, Kentucky & Tennessee)
U.S. Supreme Court - ANSWER-Deals with disputes about laws that apply to the
entire United States;
one court, nine justices
Primary Appellate Court
Civil Litigation - ANSWER-The process of solving private disputes through the court
system
Substantive Law - ANSWER-Law that defines, describes, regulates, and creates
legal rights and obligations. Determines parties rights and obligations (what is the
law?)
Procedural Law - ANSWER-Laws that set forth legal procedures or methods used by
parties to enforce their rights or to oppose claims made against them (how do you
do the suing?)
Differences between Criminal and Civil Cases - ANSWER-Criminal cases: based on
substantive criminal laws
Civil cases: based on substantive civil laws
Goals between Criminal and Civil Cases - ANSWER-Criminal cases: punishment for
committing a crime
Civil cases: compensation for damages received
Procedures between Criminal and Civil Cases - ANSWER-Criminal cases: rules of
criminal procedure (Bill of Rights)
Civil cases: rules of civil procedure (many protections offered in criminal cases do
not exist in civil cases)
Plaintiff - ANSWER-a person who brings a case against another in a court of law.
Defendant - ANSWER-an individual or group being sued or charged with a crime
Pleadings - ANSWER-The documents that begin a lawsuit, consisting of the
complaint, the answer, and sometimes a reply
Complaint - ANSWER-The pleading made by a plaintiff alleging wrongdoing on the
part of the defendant; the document that, when filed with a court, initiates a
lawsuit.
Answer - ANSWER-A defendant's response to the plaintiff's complaint.
Default - ANSWER-Time period you have to file an answer an answer. If you don't
file an answer, then you fall into default.
Judgement - ANSWER-Final result of a trial
, Discovery - ANSWER-A phase in the litigation process during which the opposing
parties may obtain information from each other and from third parties prior to trial.
Negotiation - ANSWER-Mutual discussion and arrangement of the terms of a
transaction or agreement.
Mediation - ANSWER-A method of settling disputes outside of court by using the
services of a neutral third party
Arbitration - ANSWER-settling a dispute by agreeing to accept the decision of an
impartial outsider (out-of-court process)
Primary Law - ANSWER-constitutions, statutes, case law, rules of procedure, rules
of evidence, administrative rules, court rules, executive orders, etc.
Secondary Law - ANSWER-non-binding; anything that summarizes law, dissenting
opinions of the SCOTUS (legal encyclopedias, textbooks, form book etc. )
Trial Court - ANSWER-The first court to hear a criminal or civil case; Parties to a
lawsuit file pleadings and present evidence to a judge or jury (lower court)
Intermediate Court - ANSWER-Court between the lower court and the highest court.
Also called appellate court; Examine the trial court proceedings to guarantee the
parties received a fair trial (appellate jurisdiction)
Highest Court - ANSWER-Supreme Court; Court of last resort
(discretionary right to review cases)
U.S. District Court - ANSWER-The lowest federal courts where federal cases begin.
They are the only federal courts where trials are held. There are 94 district courts
2 federal districts in Ohio - Northern and Southern
U.S. Court of Appeals - ANSWER-A court within the second tier of the three-tiered
federal court system, to which decisions of the district courts and federal agencies
may be appealed for review.
12 appellate circuits
Ohio is in the 6th circuit (as well as Michigan, Kentucky & Tennessee)
U.S. Supreme Court - ANSWER-Deals with disputes about laws that apply to the
entire United States;
one court, nine justices
Primary Appellate Court
