Litigation Procedure and Trial Flashcards

What is the difference between a 'complaint' and an 'answer' in a civil lawsuit?

Answer: The complaint initiates the lawsuit by stating the plaintiff's claims; the answer is the defendant's formal response to those claims

Filing a complaint begins the litigation by identifying parties, jurisdiction, and legal claims; the defendant's answer admits, denies, or asserts affirmative defenses to each allegation.

What is a 'motion for summary judgment' in personal injury litigation?

Answer: A pre-trial motion arguing that there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law

Summary judgment is granted when the evidence (viewed in the light most favorable to the non-moving party) shows no reasonable jury could find for the opposing party, ending the case without trial.

What is 'voir dire' in a personal injury jury trial?

Answer: The jury selection process where attorneys and the judge question prospective jurors to identify bias or grounds for dismissal

During voir dire, attorneys use peremptory challenges (no reason needed) and challenges for cause (bias, conflict) to select a fair and impartial jury.

What is an 'expert witness' and why are they critical in personal injury cases?

Answer: A witness with specialized knowledge (medical, engineering, economic) who offers opinion testimony beyond the ken of ordinary jurors

Expert witnesses are indispensable in proving causation, injury severity, standard of care (in malpractice), and economic damages — areas where specialized knowledge is required to educate the jury.

What is a 'deposition' in personal injury litigation?

Answer: Sworn out-of-court testimony taken by attorneys and transcribed by a court reporter, usable at trial for impeachment or as evidence

Depositions allow both sides to lock in witness testimony under oath, discover what witnesses will say at trial, and preserve testimony for witnesses who may be unavailable at trial.

What is 'mediation' in the context of a personal injury case?

Answer: A voluntary alternative dispute resolution process where a neutral mediator helps parties negotiate a settlement without a judge's decision

Mediation is confidential and non-binding — the mediator facilitates negotiation but cannot impose a decision; cases often settle at mediation because parties can speak candidly about risks.