SCMA 323 Chapter Notes - Chapter 3: Summary Judgment, Jury Instructions, Jury Trial
13 Feb 2017
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Litigation: process of bringing, maintaining, and defending a lawsuit: pleadings, discovery, pretrial motions, settlement conference. Paperwork filed with the court to initiate and respond to a lawsuit. Complaint: a document a plaintiff files with the court and serves on the defendant to initiate a lawsuit. Court issues: summons : court order that directs the defendant to appear and answer the complaint, defendant: the party who files an answer. Answer: filed by the defendant, admits or denies allegations, can assert affirmative defenses (facts) If all allegations are admitted, a judgement is entered against the defendant. If no answer is filed, a default judgment is (may be) entered against the defendant. A judge must still determine sufficient evidence justifying an award exists. By default everythi(cid:374)g is true a(cid:374)d it"ll (cid:271)e agai(cid:374)st you. Cross-complaint (cross-claim: document filed by the defendant against the plaintiff to seek damages or some other remedy.
