summary judgment
another opportunity for a court to decide whether case should proceed to trial
preliminary injunction
trial lite" occurs after evidentiary presentations and argument but with perhaps curtailed discovery and less than complete evidence (injunction after complete evidence)
temporary restraining order
lasts usually just long enough to have a hearing on the motion for a preliminary injunction
equitable relief
Relief granted in the form of either specific performance ("do it") or an injunction ("stop doing it") when monetary damages are insufficient due to the unique or irreversible consequence of the breach.
injunction
An order which legally prevents something
preliminary injunction
trial lite" occurs after evidentiary presentations and argument but with perhaps curtailed discovery and less than complete evidence (injunction after complete evidence)
punitive damages
punish defendants for particularly reprehensible behavior, including that which doesn't produce substantially compensatory damages
statutory damages
minimum damage awards decreed by legislation, often when compensatory damages would be small or difficult to prove
limiting damages
putting caps on "noneconomic" damages -- disencourage litigants to sue in cases where they are available
hard/special damages
economic damages" ; medical expenses, specific dollar losses essentially
soft damages
emotional distress, pain and suffering, humiliation
declaratory relief
may be chosen by a party even though other remedies are open to her
-sought most often in insurance and patent litigation, but available and used in all types of civil litigation
dicta
not necessary - not technically part of holding of case but relevant
replevin
a procedure whereby seized goods may be provisionally restored to their owner pending the outcome of an action to determine the rights of the parties concerned.
14th amendment
Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws
Due Process
avoiding arbitrary encroachment on individual rights when acting to deprive a person of his or her property
Granting Certiorari
SC deciding to review a case
former adjudication
-claim preclusion
-issue preclusion
claim preclusion
prevents a case from being brought again
issue preclusion
prevents an issue from being revisited
FR 20
Permissive Joinder of Parties
persons who may join or be joined
-plaintiffs - if they assert any right to relief jointly, severally, or in alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occuren
eerie principal
in cases like Houchens the federal courts will apply the same
substantive law as a state court sitting in the relevant state (here Virginia) would apply�here the definition of "accidental death."
But the Federal Rules�how to plead, the possibility and lim
directed verdict
exercise of judicial power before the case given to the jury
judgment notwithstanding the verdict
post verdict reversal of jury's decision
Rule 50
Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling