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Litigation Chs. 3, 4, 5 Vocab/Concept Review (part 2)

Across
A procedural affirmative defense, applicable where the plaintiff has already brought the same claim in a prior action so the prior result is binding and prevents the claim from being prosecuted again.
A ___________ judge has authority to hold a trial and enter judgment only when both parties consent to do so.
If one does not ______ a jury trial within the allotted time, the right to a jury trial can be waived.
_______ _______ Jurisdiction is jurisdiction over the type of case and the subject of the litigation.
A cause of action alleging that the defendant failed to perform their part of a contract, causing the plaintiff to sustain a loss.
Entry on land without the possessor's consent and without other legal authority.
Failure to use reasonable care, causing injury or damage to another.
The party who has the burden to prove an asserted affirmative defense.
A _____ verdict form asks the jury whether they find for the plaintiff or the defendant.
Down
A type of affirmative defense, a statute that bars a claim because the act that gives rise to the action took place many years ago, and even if the injury is recent, the actor should not be held liable at such a late date
An affirmative defense, a statute of _______ limits the time during which a lawsuit may be brought against a person. It begins to run at the time the cause of action accrues.
Courts that provide a quick and inexpensive forum for hearing cases involving a low amount of monetary damages.
_______ performance, a remedy available in only a limited number of breach of contract actions, where the award of damages is inadequate because the item that is the subject of the contract is unique.
The cause of action of intentional _______ of emotional distress requires a showing of outrageous conduct, of a type not tolerable in a civil society, and intended to cause the plaintiff suffer.
An affirmative defense, __________ of risk requires the defendant to prove that the plaintiff's injury was the result of an open and apparent danger, and that plaintiff voluntarily chose to incur the risk of harm.
A party who appeals to a higher court to review the trial court's judgment.
Jurisdiction over a person, obtained through due process.
A lawsuit arising under a federal law is tried in ________ court.
An affirmative defense, court-made doctrine that resembles a statute of limitations, available when there is no applicable statute of limitations
Assault is an intentional threat of death or serious _____harm that is imminent and puts victim in fear.