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CH. 5 Civil procedure Questions & answers latest update 2024/2025 with complete solution
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CH. 5 Civil procedure Questions & answers latest update 2024/2025 with complete solution
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STUVIA 2024/2025CH. 5: Civil procedure
- Triggering event
- Exploratory conversations
- Settlement discussions begin
- Pleadings, discovery, and motions (summons and complaint)
- Motion to dismiss (answer and reply)
- Motion for summary judgement
- Pretrial conference
-Trial
- Judgement - ✔✔✔What are the proceedings pre-trial in a civil lawsuit?
This is the situation/damage that brought the lawsuit forward. This will lead to selecting
an attorney which is the second event. - ✔✔✔triggering event
Period between the triggering event and filing a complaint. This is unofficial. -
✔✔✔Informal Discovery
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1. Hourly basis is the most popular (billable hours and this includes paralegal's work)
2. Contingent fee agreement: Attorney takes portion of the relief/reward from the client
3. Retainer use is the attorney asking the client for a deposit. This is going to be
deposited into the client trust account - ✔✔✔Types of attorney fees
This is where the plaintiff retains the attorney and they come to an agreement. The
client has a right to discharge the attorney at any time. - ✔✔✔Retaining the attorney
Legal document filed with court that states a party's position and contentions -
✔✔✔What is a pleading?
The following information: complaint, and answer. - ✔✔✔What documents does a
pleading contain?
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This is the document that the plaintiff files which states, explains and describes the
damages/injuries and relief that is wanted from the defendant. It's also known as a
lawsuit, and it has to be served to the defendant. - ✔✔✔What is a complaint?
A lot of the times an answer is given, it is a document from the defendant's part in
which they respond to the claims in the complaint made by the plaintiff. There is a
certain date that this needs to be turned by or otherwise the court will default it. -
✔✔✔What is an answer?
a notice requiring the defendant to appear in court and answer to the complaint within
20-45 days. - ✔✔✔What is a writ of summons?
A method by which the opposing parties obtain information from each other to prepare
for trial. Each party learns more about the case and use tools of discovery to
find/discover information. - ✔✔✔What is discovery?
Materials used in preparing a legal case (e.g., written reports, notes, data); usually
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excluded from discovery phase. This also includes any of the paralegals work. -
✔✔✔Attorney Work Product
These are questions that a counsel writes down and witness must answer in writing
under oath. The witnesses do not get to read or see them prior but opposing counsel
does. - ✔✔✔What are interrogatories?
These are a form of discovery in which a testimony is given by the witness under oath,
and it's done outside a courtroom, in which a judge is not present but a court reporter
is. - ✔✔✔What are depositions?
This is a request and the counsel's entitlement to the information, evidence, and
exhibits. It's not limited to documents only that oppose the counsel. The documents are
usually in the possession of the other party. - ✔✔✔What is a request for production of
documents?
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