Litigation and Court Procedures Flashcards
6 cards from real accident attorney 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 and Court Procedures flashcards as text
What is venue in the context of filing a personal injury lawsuit?
Answer: The geographic location of the court where the lawsuit is filed, typically where the accident occurred or the defendant resides
Venue rules specify the proper geographic location for filing suit, usually the county where the accident occurred or where the defendant lives or does business.
What is diversity jurisdiction and when can an accident case be filed in federal court?
Answer: Federal courts have jurisdiction when the parties are from different states and the amount in controversy exceeds $75,000
Diversity jurisdiction allows federal courts to hear state-law accident cases when the plaintiff and defendant are citizens of different states and damages exceed $75,000.
What is appellate review of an accident verdict?
Answer: A higher court's examination of whether the trial court made legal errors that affected the outcome
On appeal, appellate courts review the trial record for legal errors and generally do not re-examine factual findings made by the jury.
What is remittitur in the context of a personal injury verdict?
Answer: A judge's order reducing an excessive jury award to a more reasonable amount
Remittitur allows a judge to reduce a jury's excessive damages award when it is deemed shocking or unsupported by the evidence.
What is a class action lawsuit in the context of accident cases?
Answer: A lawsuit where a large group of similarly injured plaintiffs sue the same defendant together
Class actions consolidate the claims of many plaintiffs with similar injuries against the same defendant, making litigation efficient for mass-harm scenarios.
What is the colloquy during a settlement in open court?
Answer: A judge's on-the-record questioning of the plaintiff to confirm they understand and voluntarily accept the settlement terms
During a colloquy, the judge ensures the plaintiff knowingly and voluntarily agrees to the settlement and understands they are giving up their right to trial.