3/13/25, 8:57 PM CIVIL LITIGATION Flashcards | Quizlet
CIVIL LITIGATION QUESTIONS AND ANSWERS
Terms in this set (120)
Civil Litigation the process of resolving private disputes through the court system
a court proceeding in which parties to a lawsuit present their
Trial
evidence to a judge or jury and the judge or jury make a
decision in favor of one party.
Substantive law Law that determines parties rights and obligations
Procedural Law Laws that set forth legal procedures or methods used to enforce the
law
Laws that prohibits conduct that society deems harmful and
Criminal Law
provides for punishment in the form of jail, fines or
probation
Rules that apply in a criminal case and determines how is
Criminal Procedure
proceeds though the legal system
Rules that apply in a civil case and determines how it
Civil Procedure
proceeds through the legal system
Civil Law - laws dealing with private disputes between parties. (person v. person)
Plaintiff Person who sues
Complaint 1st legal document filed with the Clerk in connection with a lawsuit.
Petition an initial document filed with the Court asking for some type of order
Answer Response by the Defendant to the initial allegation contained in a
Complaint.
Judgment - in a civil action - the final decision from the Court.
documents filed that describe the nature of the dispute and
Pleading
most often contain the factual contentions of the parties
The procedure by which parties have the right to obtain
Discovery information from other parties. Includes Interrogatories,
Request for Admissions, Request for Production of
Documents and Depositions.
A request that a judge make a ruling or take some action in
Motion
connection with a pending lawsuit.
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, 3/13/25, 8:57 PM CIVIL LITIGATION Flashcards | Quizlet
a court order authorizing the seizure and sale of a person's
Writ of Execution
property to satisfy a judgment against that party.
ADR Alternative Dispute Resolutions
conducted by an Arbitrator who is a neutral 3rd party. The
Arbitration
parties agree before hand to be bound by the Arbitrator's
decision. Arbitrator's decision can be APPEALED.
- conducted by a Mediator who is a neutral 3rd party. The
Mediation
parts are not bound by the arbitrator's recommendations
and can proceed to trial.
internal hearings set up in agencies that are not allowed in
Administrative Hearing Agency court - such as social security administration. An internal
panel will address and hear any issues and make a ruling.
• Plaintiff Files a complaint
• Defendant is served
• If Defendant answers then go to
• Discovery
The Litigation Process • Pretrial Motions
• Trial
• If defendant DOES NOT ANSWER
• Defendant is in DEFAULT
• Judgment Entered by the Court
Settlement agreement that resolves a dispute without the need for court action.
Decision made by a judge or jury regarding the facts and
Judgment
allegations filed in a complaint in favor or one party over
the other.
contain actual law, e.g. reporters
Primary Sources of Law • Local rules of Court - Rules that are adopted by individual
court and apply on in those courts
Explain or describe the law
Secondary Sources of Law • Form books - books containing sample forms for legal
professionals to follow in preparing pleadings and other
documents.
1. Managing firm's calendaring system
Role of a Paralegal -
2. Organizing client files
General
3. Assisting with technology
Responsibilities
2/1
1
CIVIL LITIGATION QUESTIONS AND ANSWERS
Terms in this set (120)
Civil Litigation the process of resolving private disputes through the court system
a court proceeding in which parties to a lawsuit present their
Trial
evidence to a judge or jury and the judge or jury make a
decision in favor of one party.
Substantive law Law that determines parties rights and obligations
Procedural Law Laws that set forth legal procedures or methods used to enforce the
law
Laws that prohibits conduct that society deems harmful and
Criminal Law
provides for punishment in the form of jail, fines or
probation
Rules that apply in a criminal case and determines how is
Criminal Procedure
proceeds though the legal system
Rules that apply in a civil case and determines how it
Civil Procedure
proceeds through the legal system
Civil Law - laws dealing with private disputes between parties. (person v. person)
Plaintiff Person who sues
Complaint 1st legal document filed with the Clerk in connection with a lawsuit.
Petition an initial document filed with the Court asking for some type of order
Answer Response by the Defendant to the initial allegation contained in a
Complaint.
Judgment - in a civil action - the final decision from the Court.
documents filed that describe the nature of the dispute and
Pleading
most often contain the factual contentions of the parties
The procedure by which parties have the right to obtain
Discovery information from other parties. Includes Interrogatories,
Request for Admissions, Request for Production of
Documents and Depositions.
A request that a judge make a ruling or take some action in
Motion
connection with a pending lawsuit.
1/1
1
, 3/13/25, 8:57 PM CIVIL LITIGATION Flashcards | Quizlet
a court order authorizing the seizure and sale of a person's
Writ of Execution
property to satisfy a judgment against that party.
ADR Alternative Dispute Resolutions
conducted by an Arbitrator who is a neutral 3rd party. The
Arbitration
parties agree before hand to be bound by the Arbitrator's
decision. Arbitrator's decision can be APPEALED.
- conducted by a Mediator who is a neutral 3rd party. The
Mediation
parts are not bound by the arbitrator's recommendations
and can proceed to trial.
internal hearings set up in agencies that are not allowed in
Administrative Hearing Agency court - such as social security administration. An internal
panel will address and hear any issues and make a ruling.
• Plaintiff Files a complaint
• Defendant is served
• If Defendant answers then go to
• Discovery
The Litigation Process • Pretrial Motions
• Trial
• If defendant DOES NOT ANSWER
• Defendant is in DEFAULT
• Judgment Entered by the Court
Settlement agreement that resolves a dispute without the need for court action.
Decision made by a judge or jury regarding the facts and
Judgment
allegations filed in a complaint in favor or one party over
the other.
contain actual law, e.g. reporters
Primary Sources of Law • Local rules of Court - Rules that are adopted by individual
court and apply on in those courts
Explain or describe the law
Secondary Sources of Law • Form books - books containing sample forms for legal
professionals to follow in preparing pleadings and other
documents.
1. Managing firm's calendaring system
Role of a Paralegal -
2. Organizing client files
General
3. Assisting with technology
Responsibilities
2/1
1
