| A | B |
|---|
| alternative service | allowed if regular personal service not possible |
| alternative dispute resolution | a way to settle a suit short of trial |
| examples of adr | negotiation, mediation, arbitration |
| answer | written document filed by the defendant to appear in the suit |
| most common type of answer | general denial |
| contingent fee | attorneys fees (but not expenses) based on percentage of recovery |
| counterclaim | claim made by defendant against plaintiff |
| default | type of judgment rendered against defendant for failure to answer |
| deposition | oral examination under oath taken during pretrial phase |
| discovery | formal process of obtaining information about the other party's case |
| judgment | final order entered by judge determining issues and outcome of the case |
| motion for summary judgment--purpose | a motion to decide case (or parts of it) before the trial without letting the jury decide |
| motion for summary judgment--definition | When movant proves there is no genuine issue of material fact and is entitled to judgment as a matter of law. |
| petition | Texas version of complaint; original document filed to begin lawsuit |
| privilege | legal right not to divulge otherwise admissible evidence |
| production of documents (in Texas, request for production) | discovery in which the party asks opponent to disclose documents or objects |
| request for admissions | discovery in which party asks opponent to admit to certain facts in the case |
| substituted service | alternative service; serving someone other than the defendant with process |
| replevin | action to recover possession of personal property |
| interrogatories | discovery asking for information |
| cases and controversies | judicial requirement that there be a real dispute before making decisions--no advisory opinions |
| moot | principle that court will not decide cases where the controversy is over |
| mootness doctrine exception | where the alleged wrongdoing can be repeated |
| public policy | court deciding cases based on what the court thinks is in the best interest of the public |
| res judicata | doctrine that keeps cases from being tried again when there is a final judgment |
| collateral estoppel | like res judicata; prevents relitigation of same issues under same facts and at least one common party |
| sovereign immunity | the king can do no wrong |
| official immunity | protects public officials/officers in the performance of official, discretionary duties for the government |
| governmental immunity | protects government from suit and liability |
| statute of limitations | limits the length of time someone has to file suite; begins running at accrual of a cause of action |
| toll/tolling | stopping the statute of limitations during the time specified by a statute or rule that provides for tolling |
| minority | common reason to toll statute of limitations--it doesn't start to run until plaintiff becomes an adult |
| discovery rule | exception to statute of limitations which makes statute begin to run from when the plaintiff knew or should have known he had a cause of action; only applies in cases where hard for plaintiff to find out about c/a |
| standing | the legal right of a person to bring suit based on his relationship to the subject of the suit |
| parental immunity | pretty much gone in Texas except parents shielded from suits based on reasonable discipline of child |
| spousal immunity | no longer around in Texas--kept one spouse from suing other |
| specific performance | equitable relief in which court orders party to complete obligations under contract; order for unique goods or land, not services |
| exculpatory clause | section of contract attempting to relieve one party of liability |
| avoidable harm doctrine | plaintiff has responsibility to mitigate damages (in other words, to keep them from getting worse) |
| compensatory damages | damages awarded to put the plaintiff in the place he would have been but for the wrongdoing of the defendant/damages to make the defendant whole |
| declaratory judgment | decision by court determining rights and obligations of parties under a contract |
| equitable remedy | one which is fashioned to be fair; arose out of chancery courts; only available if no remedy at law (pretty much when money won't do it) |
| ex parte | when only one party to the suit has a hearing before a judge |
| exemplary damages | same as punitive; awarded to make an example out of the defendant |
| punitive damages | same as exemplary damages; awarded to punish the defendant |
| punitive damages: basis | must be intentional or gross negligence to be awarded |
| punitive damages: contracts | not usually awarded unless there's a statute allowing it, such as the DTPA in Texas |
| general damages | compensatory damages awarded for those damages safely assumed |
| special damages | those which must be specifically plead; ones not necessarily anticipated or those with particular dollar amounts |
| injunctive relief | getting the dispute resolved by a court ordering a party to do something or stop doing something |
| injuntion types | mandatory and prohibitory |
| mandatory injunction | order requiring someone to do something |
| prohibitory injunction | court ordering someone not to do something |
| three classes of injunctive relief | permanent, interlocutory, temporary restraining order |
| laches | statute of limitations in equity |
| liquidated damages | contract damages agreed to in advance when exact amount of damages hard to calculate but amount of agreed damages reasonable |
| nominal damages | token amount awarded by judge to show plaintiff won |
| reformation | equitable remedy in which court rewrites a contract |
| recission | equitable remedy in which court cancels a contract |
| unjust enrichment | if someone makes money off wrong-doing |
