Chap 4

Front 1

Due Process of Law

Back 1

fair prescribed judicial proceedings that must be followed before a person may be deprived of life, liberty, or property

Front 2

Pleadings

Back 2

a formal document filed in a lawsuit that informs all the parties of the basis for and defenses of the lawsuit

Front 3

What do pleadings normally include?

Back 3

the complaint, the answer, counter claim and reply, answer to cross claim and third party complaint and answer

Front 4

Complaint

Back 4

the formal document used to commence a lawsuit

Front 5

What does the complaint normally include?

Back 5

1. tolls the statute of limitations
2. identifies the parties
3. states the cause of action the plaintiff alleges against the defendant

Front 6

What are 5 purposes of the complaint?

Back 6

1. commence the lawsuit & toll the statute of limitations
2. introduce the cause of action
3. involve the courts jurisdiction
4. present the facts
5. provide notice to the defendant about who, why, and for how much they are being sued.

Front 7

How does the complaint ensure fairness and compliance with procedural due process?

Back 7

it gives the defendant notice and the opportunity to respond to allegations and to prepare adequately for trial

Front 8

Caption (of a complaint)

Back 8

is the heading that identifies the location of the action, the court, the docket or file number and the title of the action

Front 9

What does the title of the action include?

Back 9

the parties and sometimes the nature of the complaint

Front 10

What designates what must be included in a pleading filed in Federal court?

Back 10

Rule 10 of the Federal Rules of Civil Procedure

Front 11

What do you need to include if a pleading is to be filed electronically?

Back 11

the caption should state 'electronically filed'

Front 12

What are some examples of possible parties in an action?

Back 12

individuals, corporations, unincorporated associations, partnerships, gov entities, representatives of a person or estate

Front 13

How would you list potential defendants whose identity will be learned later in an action?

Back 13

John or Jane Doe

Front 14

Why might a party identity be learned about later in the action?

Back 14

some parties may be immune (sovereign immunity) reachable only through required administrative procedure, may require notification of a claim/intent to sue before action can be brought

Front 15

Real Party in Interest

Back 15

the one who has the right to sue by law

Front 16

What happens when the injured is unable to sue (deceased or a child)

Back 16

the law allows a parent of the child or administrator for the deceased to be the plaintiff