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21 Cards in this Set
- Front
- Back
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pleadings
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complaint and answer taken together
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complaint
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contains a statement alleging the facts whoing the court has subject matter and personal jurisdiction, the facts establishing plaintiff's basis for relief, remedy the plaintiff is seeking
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service of process
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formally notifying the defendant of a lawsuit
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summons
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plaintiff must deliver, serve, a copy of the complaint and summons (a notice requiring defendant to appear in court and answer complaint)
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default judgment
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win because defendant failed to respond to allegations
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answer
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defendan'ts response to complaint takes the form of an answer. defendant either admits or denies each of the allegations in the plaintiff's complaint and may also set forth defenses to allegations
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counter claim
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defendant goes back at plaintiff
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motion
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procedural request submitted to the court by an attorney on behalf of her or his client
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pretrial motions
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include motion to dismiss, motion for judgment on the pleaings and motion of summary judgment
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motion for judgment on the pleadings
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ask the court to decide the issue solely on the pleadings without proceeding to trial
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motion for summary judgment
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asks the court to grant a judgment in that party's favor without a trial
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affidavits
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sworn statements by parties or witnesses
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discovery
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process of obtaining information from opposing party or from witnesses prior to trial
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deposition
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sworn testimony by a party to the lawsuit or by any witness, recorded by an authorized official. The person deposed gives testimony and answers questions asked by the attorneys from both sides
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interrogatories
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written questions for which written answers are prepared and then signed under oath. difference between interrogatories and writtne depositions is that interrogatories are directed to a party to the lawsuit, not to a witness, and the party usually has 30 days to prepare answers
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e-evidence
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consists of all computer generated or electronically recorded information
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pretrial conference
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hearing
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verdict
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specifies jury's factual findings, in some cases, the jury also decides on the amount of hte award
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motion for judgment
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only granted if the jury's verdict was unreasonable and erroneous
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Voir Dire |
"to see, to speak". How the Jury is chosen |
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Crossclaim |
Where the defendant brings in a third party |
