Civil Litigation Mid-Exam

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  1. Active Data
    consumer generated records within a computer that are in current use
  2. Attorney-Client Privilege
    designed to protect client information in an attorney-client relationship that requires the attorney to treat all information as confidential
  3. Clawback Agreement
    parties agree that privileges can be asserted after evidence has been sent to the other party if the data retriever discovers that it accidentally included privileged information
  4. Court Reporter
    person who records word-for-word the testimony of a sworn witnesses in court or at depositions
  5. Default
    failure to make a required step in a lawsuit; may lead to a default judgment or other order in favor of the opponent
  6. Demand For Inspection
    discovery technique that involves a request to enter property to inspect that property to obtain facts relevant to the lawsuit
  7. Deponent
    person who responds under oath to questions during a deposition
  8. Disclosure
    process of revealing information that was previously unknown or difficult to comprehend
  9. Discovery
    procedure that allows litigants to uncover obtain facts that are involved in the lawsuit, using established techniques
  10. Docket Number
    number assigned to a lawsuit by the court
  11. Due Process
    constitutional guarantee that all legal proceedings will be fair, and that one will be given notice of the proceedings and an opportunity to be heard
  12. Engrossment
    process of creating the final form of a document just before it is used in a formal setting
  13. ESI requester
    litigant who requests information, including computer data, from the other party
  14. ESI retriever
    litigant who receives and responds to a request for information, including computer data
  15. Ex parte
    court proceeding with only one party present
  16. Expert Witness
    person having special knowledge or experience who is allowed to testify about the facts ad to express opinions and draw conclusions from those facts
  17. extant data
    computer generated records that are hidden with the computer, usually because the records were deleted
  18. Guardian Ad Litem
    court-appointed guardian who takes care of the legal interests of a minor or incompetent person in a lawsuit
  19. In Camera
    private conference or hearing in the judge's office
  20. In Controversy
    requirement in a physical or mental examination that the condition being examined be at issue in the lawsuit
  21. Inactive Data
    records within a computer that are relatively up-to-date, but not routinely used
  22. Interrogatories
    written questions sent by one litigant to another, requiring the other to answer in writing under oath
  23. Jurisdiction
    authority of a court to make decisions binding specific persons concerning a particular subject matter in a specific geographical location
  24. Litigation Hold
    attorney's directions to a client to preserve all electronic information and not to delete data
  25. Medical Privilege
    designed to protect a patient's confidential information communicated to a physician
  26. Metadata
    computer data about data revealing how, when and by whom data was created
  27. Metadata Mining
    process of searching computer records for evidence
  28. Motion
    request submitted to a judge for some specific action or order
  29. Motion To Compel
    request for an order requiring the other side to comply with discovery
  30. Oral Deposition
    discovery proceed in which a person answers questions under oath before a court reporter as asked by an attorney
  31. Overbroad
    discovery request that asks for more evidence than could be useful to relevant to the case
  32. Physical/Mental Examination
    an examination that a litigant must undergo concerning a condition that is at issue in the lawsuit
  33. Pleading
    formal written statement of each side to a civil case
  34. Pretrial Conference
    conference of attorneys and judge to organize, clarify and simplify the litigation
  35. Privilege Log
    system to identify, organize and protect confidential documents or information from discovery
  36. Pro Se
    litigant without a lawyer, representing himself in court
  37. Protective Order
    court order allowing a litigant not to reveal specific information or evidence in response to the other part's discovery request
  38. Redaction
    removing confidential or immaterial information from a document before providing copies pursuant to a request for production
  39. Removal
    transfer of a case for one court to another (state to federal)
  40. Reply
    plaintiff's response to the defendant's counterclaim
  41. Request For Admissions
    request by one litigant to the other to agree to the truthfulness of specific facts or authenticity of specific documents
  42. Request For Production
    litigant's request that the other litigant deliver specific documents or evidence for inspection and/or copying
  43. Service Of Process
    delivery of a pleading or other document to parties named in a lawsuit or other adversarial proceeding
  44. Subpoena Duces Tecum
    order requiring a person to deliver specific documents to court or a deposition
  45. Summons
    notice delivered to a person informing him of a lawsuit filed against him, and requiring a response
  46. Transcript
    official written copy of witness' oral testimony, produced by a court reporter
  47. Unduly Burdensome
    complex and detailed interrogatories that, upon motion for protective order, fail a court's cost-benefit analysis
  48. Venue
    local geographical area where a case may be tried
  49. Work Product Privilege
    designed to protect information in materials prepared by an attorney for the client in, or in anticipation of, a lawsuit
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Civil Litigation Mid-Exam
2015-04-05 02:42:58

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