Litigation & Trial Process for Truck Accidents Flashcards
6 cards from real Truck Accident Lawyer practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Litigation & Trial Process for Truck Accidents flashcards as text
What is 'mediation' and how does it differ from a truck accident trial?
Answer: Mediation is a voluntary, confidential negotiation facilitated by a neutral third party that results in a settlement, not a judgment
Unlike a trial, mediation is non-binding and private — the mediator does not decide the case but helps the parties reach a voluntary agreement.
What is an 'appeal' in a truck accident case and on what grounds can a verdict be appealed?
Answer: A request to a higher court to review the trial court's decision based on legal errors, not to re-examine factual findings
Appellate courts review legal errors such as improper jury instructions, evidentiary rulings, or constitutional violations — they do not second-guess jury factual findings absent clear error.
What is a 'consent judgment' in a truck accident lawsuit?
Answer: An agreed judgment entered by the court reflecting a negotiated settlement that carries the same force as a litigated verdict
A consent judgment allows the parties to settle while obtaining a court-enforceable judgment, making it easier to collect if the defendant fails to pay.
What is a 'class action' and when could it apply in a truck accident context?
Answer: A lawsuit where a large group of similarly situated plaintiffs sues a common defendant, potentially applicable when a defective truck part injures many people
Class actions could arise in trucking when a systematic defect — such as a faulty brake component across thousands of trucks — injures many victims with common legal claims.
What is 'remittitur' and how can it affect a large truck accident jury verdict?
Answer: A court order reducing an excessive jury damage award to a more legally appropriate amount
When a jury awards damages that are grossly excessive, the judge can order a remittitur — the plaintiff must accept the reduced amount or face a new trial on damages.
What is the significance of a 'federal question' in determining whether a truck accident case is heard in federal or state court?
Answer: If the lawsuit involves a federal law such as FMCSA regulations or interstate commerce, it may be filed in or removed to federal court
A federal question exists when the claim arises under federal law, and federal court also has jurisdiction based on diversity of citizenship between parties from different states.