Legal Document Preparation Flashcards

What is a 'counterclaim' in civil litigation?

Answer: A claim filed by the defendant against the plaintiff

A counterclaim is a legal claim asserted by the defendant against the plaintiff in the same lawsuit, responding to the original complaint.

What must be included in a valid contract?

Answer: Offer, acceptance, and consideration

A valid contract requires an offer by one party, acceptance of that offer by the other party, and consideration (something of value exchanged by each party).

What is the purpose of an 'exhibit' in court filings?

Answer: To attach supporting documents or evidence to a legal filing

An exhibit is a document, object, or other evidence attached to a pleading or introduced at trial to support or prove a party's claims.

What is a 'brief' filed with a court?

Answer: A written legal argument citing law and facts supporting a party's position

A brief is a written legal document submitted to a court that presents the legal arguments, factual background, and authorities supporting a party's position.

What does 'without prejudice' mean on a legal document?

Answer: The document cannot be used as evidence in court

A document marked 'without prejudice' generally cannot be admitted as evidence in court, protecting settlement communications from being used against the sender.

What is a 'proof of service' and when is it required?

Answer: A document confirming legal papers were delivered, required after serving parties

A proof of service is a document that verifies legal papers were delivered to the required parties, typically filed with the court after service is completed.