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13 Cards in this Set

  • Front
  • Back

What are 4 types of decisions from the appellate court?

1. Affirm


2. Affirm w/Modification


3. Reverse


4. Reverse & Remand

What are affirmative defenses?

An answer plead by defendant that if proven, denies plaintiff recovery

What are causes of action?

theory of recover that entitles the plaintiff to recover against the defendant

What is Chain of Custody?

Establishing location of a piece of physical evidence at all times prior to its use at trial

Define Prima Facie Case?

A case in which an element in plaintiffs claim can be proven

What is a Dispositive motion?

Motions heart before the trial that have the effect of termination the lawsuit

What is "Gaurdian Ad Litem"?

A person appointed by the court to represent another usually a minor or incompetent

What is Fact Pleading?

A rule that all pleadings must state sufficient facts

What is compulsory Cross Complaint?

A Cross-Complaint that must be brought against the plaintiff or the defendant will lose right to assert claim

What is an Interpleader?

A procedure which a stakeholder may be subjected to double liability because two or more claimants are making claim on a fund of property. Claimants must litigate their claim to decide who is entitled.

What is Relationback?

A procedure that permits a pleading to be deemed to have been filed at an earlier date




ex: amended complaint deemed to be filed at the time of complaint

Define Protective Order

An order from the court restricting or limiting discovery by one party to another

What is Good Cause?

The process of proving to the court why discovery is oppressive or expensive. Must be obtained for protective order.