LGLS 3610 Exam 1
Plaintiff - Answer-Party who files a civil action
bears the burden of proof to persuade the trier of fact of the merits of his or her case
Defendant - Answer-Party sued by the plaintiff or person against whom a criminal charge is filed by state
Complaint - Answer-Pleading filed by plaintiff with the court clerk
Names the parties to the lawsuit
Alleges the ultimate facts and law violated
Contains a "prayer for relief"
Answer - Answer-Response in the form of written pleading by defendant
Can also raise affirmative defenses and counterclaims
Can also include a motion to dismiss-for lack of jurisdiction, failure to state a claim, expired statute of
limitations, etc
Default Judgment - Answer-Order entered by court when defendant does not respond in anyway
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
, Depositions - Answer-Oral testimony given by a party or witness prior to trial
Gives an attorney the opportunity to ask immediate follow-up questions and to evaluate how witnesses
will conduct themselves at trial
depositions elicit candid answers not prepared in advance
Deponent - Answer-Party who gives his or her deposition
Interrogatories - Answer-Written questions submitted by one party to another party which must be
answered in writing within a stipulated time
designed to obtain accurate information about specific topics
Request for Production of documents - Answer-Request by one party to another party to produce all
documents relevant to the case prior to the trial
Impeach - Answer-To challenge the credibility of a person's testimony or attempt to discredit a party or
witness
Requests for Admissions - Answer-One party can serve the other party with a written request for an
admission of the truth of matters relating to the trial
Voir dire - Answer-Speaking the truth
Process whereby the judge and attorneys ask prospective jurors questions to determine whether they
would be biased in their decisions
Plaintiff - Answer-Party who files a civil action
bears the burden of proof to persuade the trier of fact of the merits of his or her case
Defendant - Answer-Party sued by the plaintiff or person against whom a criminal charge is filed by state
Complaint - Answer-Pleading filed by plaintiff with the court clerk
Names the parties to the lawsuit
Alleges the ultimate facts and law violated
Contains a "prayer for relief"
Answer - Answer-Response in the form of written pleading by defendant
Can also raise affirmative defenses and counterclaims
Can also include a motion to dismiss-for lack of jurisdiction, failure to state a claim, expired statute of
limitations, etc
Default Judgment - Answer-Order entered by court when defendant does not respond in anyway
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
, Depositions - Answer-Oral testimony given by a party or witness prior to trial
Gives an attorney the opportunity to ask immediate follow-up questions and to evaluate how witnesses
will conduct themselves at trial
depositions elicit candid answers not prepared in advance
Deponent - Answer-Party who gives his or her deposition
Interrogatories - Answer-Written questions submitted by one party to another party which must be
answered in writing within a stipulated time
designed to obtain accurate information about specific topics
Request for Production of documents - Answer-Request by one party to another party to produce all
documents relevant to the case prior to the trial
Impeach - Answer-To challenge the credibility of a person's testimony or attempt to discredit a party or
witness
Requests for Admissions - Answer-One party can serve the other party with a written request for an
admission of the truth of matters relating to the trial
Voir dire - Answer-Speaking the truth
Process whereby the judge and attorneys ask prospective jurors questions to determine whether they
would be biased in their decisions
