今天給小伙伴整理一下美國民事訴訟法下的法律英語概念：
This is a claim against a co-party. It must arise from the same Transaction/Occurrenceas the underlying action. But it is not compulsory—you may assert it here or sue separately.Representative(s) sues on behalf of group. Must demonstrate all four of these. Numerosity: Too many class members for practicable joinder. Commonality: There is some issue in common to all class members.Typicality: Rep’s claims are typical of those of the class. Representative adequate: The class representative will fairly and adequately represent class.Defending party (usually Defendant) is bringing in someone new. The new party is the third-party defendant (TPD).FRCP permits a defendant to bring a third party into an action if the defendant believes the third party 'may be liable'to the defendant for all or part of the plaintiff's claim against the defendant.A nonparty brings herself into the case. She chooses to come in either as Plaintiff (to assert a claim) or as Defendant (to defend a claim). The court mayrealign her if it thinks she came in on the wrong side.Discovery is a process by which attorneys gather information concerning the opposing party's case. A party may obtain discovery regarding any matter, not privileged, that is relevant to a claim or defense in the action. Relevant information is discoverable even if it would be inadmissible at trial, so long as the discovery appears reasonably calculated to lead to the discovery of admissible evidence.A person gives live testimony in response to questions by counsel or pro se parties. The questions are usually oral, but can be written (if written, they are read by the court reporter). Deponent testifies under oath. The deposition is recorded by sound or video and a transcript can be made. Deposition cannot exceed one day of seven hours unless court orders or parties stipulate.Interrogatories are written questions, to be answered in writing under oath. you must respond based upon information reasonably available to you. You can not respond to interrogatories by saying that you do not know the answer.Notice to Produce/Request to Produce 請求開示.These request that someone make available for review and copying documents or things, including electronically stored information(ESI), or to permit you to enter designated property to inspect, measure.Request for Admission 請求自認This is a written request that someone admit things. Responding party must respond in writing within 30 days of service, either denying specifically or objecting. Only if she made a reasonable inquiry and cannot find enough information from which to admit or deny, the responding party can say she does not know the answer.Work Product Doctrine 工作成果原則The so-called work product rule allows a party to refuse to turn over documents that are prepared in anticipation of litigation or for. Documents prepared in anticipation of litigation do not need to be disclosed to an adverse partyunless that party can demonstrate a substantial need for the documents and an inability to obtain substantially equivalent information without undue hardship.When litigation is reasonably anticipated, parties must preserve discoverable information. Suppose ESI is truly LOST—it cannot be recovered or restored. And suppose it was lost because the party in control of it failed to take reasonable steps to preserve it. The court may “order measures” to curb the harm caused to the other party.Temporary Restraining Orders 臨時限制令A temporary restraining order (TRO) is an equitable remedy that may be issued ex parte (without notice) to prevent irreparable harm until the court has an opportunity to rule on a motion for a preliminary injunction. If the court issues the TRO, Applicant must post a bond (security) to cover the other side’s costs and damages caused if it turns out the restraint is wrongful.Preliminary Injunctions 臨時禁止令A preliminary injunction is an equitable remedy that enjoins a person from engaging in specified behavior, or requires a party to engage in specified behavior, during the pendency of the action. Preliminary injunctions are injunctions that seek to protect the plaintiff fromirreparable injury and to preserve the court’s power to render a meaningful decision after a trial on the merits. Preliminary injunctions may be granted only if the movant gives securityin an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained.P has a right to take a voluntary dismissal by filing a notice of dismissal before defendant answers. But she only gets to do it without prejudice once. What if P files a notice of dismissal in the second case? That dismissal is with prejudice.Default and Default JudgmentD does not respond to the complaint in time. A default is a notation by the court clerk on the docket sheet in the case. The court clerk does not enter defaultautomatically. Entry of default does not entitle P to recover. To recover from D, she needs to get a default Judgment.Summary Judgment即決判決/簡易判決
A motion for summary judgment is a request made that the court enter judgment without a trial. Summary judgment should be granted in favor of a party if there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law.Unless local rule or court order says otherwise, the court enters an order scheduling deadline for joinder, amendment, motions, completion of discovery, etc. This is a roadmap for how the litigation proceeds up to trial.Final Judgment Rule 最終判決規則Loser has a right to appeal if the order is a final judgment. A final judgment is one that determines the merits of the entire case.Under the doctrine of Res Judicata (i.e., claim preclusion), You only get to sue on a claim once. So, you only get one case in which to vindicate all rights to relief for that claim.Issue Preclusion (Collateral Estoppel)爭點排除The doctrine of collateral estoppel (or issue preclusion) generally prevents a litigant from relitigating issues that have been previously litigated and determined in a prior action. Issue preclusion arises in a second action on the basis of a prior decision when the same issue is involved in both actions; the issue was actually litigated in the first action, after a full and fair opportunity for litigation.陸續分享美國部門法法律英語概念和詞匯。
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