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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 |
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What are affirmative defenses? |
An answer plead by defendant that if proven, denies plaintiff recovery |
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What are causes of action? |
theory of recover that entitles the plaintiff to recover against the defendant |
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What is Chain of Custody? |
Establishing location of a piece of physical evidence at all times prior to its use at trial |
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Define Prima Facie Case? |
A case in which an element in plaintiffs claim can be proven |
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What is a Dispositive motion? |
Motions heart before the trial that have the effect of termination the lawsuit |
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What is "Gaurdian Ad Litem"? |
A person appointed by the court to represent another usually a minor or incompetent |
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What is Fact Pleading? |
A rule that all pleadings must state sufficient facts |
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What is compulsory Cross Complaint? |
A Cross-Complaint that must be brought against the plaintiff or the defendant will lose right to assert claim |
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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. |
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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 |
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Define Protective Order |
An order from the court restricting or limiting discovery by one party to another |
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What is Good Cause? |
The process of proving to the court why discovery is oppressive or expensive. Must be obtained for protective order. |