The Legal Process After an Accident Flashcards

What is a 'class action lawsuit' and when might it apply to an accident case?

Answer: When many people are harmed by the same defendant's conduct and join one collective lawsuit

Class actions allow groups of similarly harmed people to pool claims against a common defendant, making litigation economically viable for each member.

What is 'joint and several liability' in a multi-defendant accident case?

Answer: Each defendant can be held responsible for the full amount of damages regardless of their percentage of fault

Under joint and several liability, a plaintiff can collect the full judgment from any one defendant even if others are equally at fault.

What happens during 'closing arguments' in an accident trial?

Answer: Each attorney summarizes evidence and argues why the jury should rule in their client's favor

Closing arguments give attorneys the opportunity to frame all the evidence and persuade the jury to reach a favorable verdict.

What is a 'motion in limine' in an accident trial?

Answer: A pre-trial motion to exclude specific evidence or testimony from trial

Motions in limine prevent certain evidence from reaching the jury if it is prejudicial, irrelevant, or improperly obtained.

What is an 'appeal' in the context of an accident case verdict?

Answer: A request to a higher court to review and reverse a lower court's decision

Appeals challenge legal errors in the trial process and do not typically re-examine the facts but focus on whether the law was applied correctly.

What does 'proximate cause' mean in a personal injury claim?

Answer: The defendant's negligence was the direct legal cause of the plaintiff's injuries

Proximate cause requires showing that the defendant's negligent act was closely connected to and a foreseeable cause of the plaintiff's harm.