Litigation and Court Procedures Flashcards

What are interrogatories as a discovery tool?

Answer: Written questions served on the opposing party that must be answered under oath in writing

Interrogatories are formal written questions exchanged between parties during discovery that must be answered truthfully and under penalty of perjury.

What is mediation in the context of accident cases?

Answer: A voluntary process where a neutral third party helps the parties reach a negotiated settlement

Mediation is a private, confidential settlement process facilitated by a neutral mediator who helps both sides negotiate without imposing a decision.

What is the difference between binding and non-binding arbitration?

Answer: Binding arbitration produces a final decision the parties must accept; non-binding allows either party to reject the award and proceed to trial

Binding arbitration is final and enforceable like a court judgment, while non-binding arbitration is advisory and either party can demand a trial instead.

What is a motion in limine in a personal injury trial?

Answer: A pre-trial motion asking the court to exclude certain evidence from the jury's consideration

Motions in limine are filed before trial to prevent the jury from hearing evidence that is irrelevant, prejudicial, or inadmissible.

What is the role of a jury instruction in an accident trial?

Answer: The judge's explanation of the applicable law that guides the jury in reaching a verdict

Jury instructions tell the jury what law applies to the case and what elements must be proven for each claim and defense.

What is a default judgment in a personal injury lawsuit?

Answer: A judgment entered against a defendant who fails to respond to the lawsuit within the required time

If a defendant is properly served but fails to appear or respond, the court may enter a default judgment awarding the plaintiff the relief requested.