blaw 6.1 litigation
answer
a brief reply to each of the allegations in the complaint
default judgement
a judges ruling that the plaintiff wins without having to go to trial
complaint
a short, plain statements of facts alleged by the plaintiff
parties are entitled to discover ______________.
anything that could reasonably lead to valid evidence
In Jones v. Clinton the court granted summary judgment for the defendant
because the plaintiff failed to make out a claim of sexual harassment
Sometimes a defendant does more than merely answer a complaint but also files a ________, which is a second lawsuit by the defendant against the plaintiff
counterclaim
A lawyer may question the opposing party, or a potential witness in person and under oath in a
deposition
one theory behind ____ is that the best outcome to civil ______ is a _____ and that parties will move toward agreement if they understand the opponents case. That result is likeliest to occur if both sides have an opportunity to _____ their opponents _____.
discovery, litigation, negotiated settlement, examine, evidence
The biggest change in litigation in the last decade has been an increase in
electronic discovery
During discovery, each side may only request physical documents from the other.
false
In Legends Are Forever, Inc. v. Nike Inc. the court considered the huge difference in the financial positions of the parties when making its decision.
false
A lawyer for the defense submits a question for the plaintiff to answer in writing under oath. This is a(n)
interrogatory
If a large corporation is being sued by a much smaller entity, the corporation may _______ which is a form of gamesmanship that has become more prevalent in the last decade
make e-discovery prohibitively expensive
______ is a formal request to the court
motion
A summary judgment occurs when
no trial is necessary because the essential facts are not in dispute
In real trials, the lawyers know in advance the answers to practically all questions asked because
of discovery
The documents that begin a lawsuit are called the _______. The most important are the _____ and the _________.
pleadings, complaint, answer
discovery
pre-trial opportunity for both parties to learn the strengths and weaknesses of the opponents case
a _________ is a ruling by the court that no trial is necessary because some essential facts are not in dispute.
summary judgement
pleadings
the documents that begin a lawsuit
in camera inspection
the judge views the requested documents alone
If the court grants the defense's request to perform a physical exam on the plaintiff it is because
the plaintiffs physical condition is likely to be relevant to the dispute
Efficient and fair litigation cannot take place in a courtroom filled with surprises.
true