Define: res judicata

res judicata, res adjudicata

matter already settled in court; cannot be raised again

Define: plenary

plenary

complete in every respect

plenary power

power that has been granted to a body in absolute terms, with
no review of, or limitations upon, the exercise of the power.

Define: Cause of Action

Cause of Action

Facts (what happened) which provide for the ability to sue.

Define: Interrogatories

Interrogatories

In discovery phase of civil case, written questions to be answered under oath, within a period of time.

Stages Of A Lawsuit

Complaint (Allege (1) duty defendant breached, (2) how defendant breached duty, (3) how plaintiff suffered damages as a direct result.)

Motions (Not always needed.)

Answer (Defendant files an Answer (admit or deny each allegation) and affirmative defenses (alleges facts to relieve obligation to plaintiff))

Discovery (Not always needed.  Tools of discovery: Admissions; Production; Interrogatories; Depositions; Subpoenas and other court orders)

Trial

Define: qui tam

qui tam

a writ whereby a private individual who assists a prosecution can receive all or part of any penalty imposed.

Define: in personam

in personam

"against the person"
courts' power to adjudicate matters directed against a party, as distinguished from in-rem proceedings over disputed property.

in personam

the defendant must be served with a summons and complaint to give the court jurisdiction to try the case, and the judgment the court applies to that person only

... if proper legal service upon the respondent had been obtained, and if the court also held subject-matter jurisdiction, then the appearance by the respondent or his/her attorney confers in personam jurisdiction upon the court. The respondent then has made a general appearance before the court.

Define: Bill of Attainder

Bill of Attainder

A legislative act that singles out an individual or group for punishment without a trial.

Define: De Novo

DE NOVO

Considering the matter anew, the same as if it had not been heard before and as if no decision previously had been rendered.

Define: Sui Juris

Sui iuris, commonly also spelled sui juris, is a Latin phrase that literally means “of one’s own laws”.


SUI JURIS

One who has all the rights to which a freemen is entitled

Define: Estoppel

Estoppel means blocked or not allowed.

Two kinds of estoppel:

Collateral estoppel prevents a party to a lawsuit from raising a fact or issue which was already decided against him in another lawsuit.

Equitable estoppel prevents one party from taking a different position at trial than she did at an earlier time if the other party would be harmed by the change.