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21 Cards in this Set
- Front
- Back
Exceptions to Final Order
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1. Injunctions.
2. Partial Final Orders. 3. Significant Interlocutory Appeals. 4. Certified Questions. |
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Kinds of Presence
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Actual (dancing), Domicile (constructive presence), Doing Business
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Long Arm Jurisdiction
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LIMIT. Land, Injury, Matrimony, Insurance Contract, Transaction of Business from Lawsuit
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Statute of Repose for Medical Malpractice
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4 years
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Intervention, as of right
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Interests could be adversely affected by the lawsuit AND is not protected by the current parties.
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Permissive Intervention
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commonality of issues
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Joinder of Parties
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Same Transaction or Occurrence, or Needed for Full and Fair Litigation
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Impleader
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Defendant may add party who may be liable for all or part of the defendant's liability to plaintiff
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Interpleader
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Rival Claimants to a Common Fund
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Judge's Duties under Class Actions
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class certification, adequacy of notice, approval of settlements
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Class Action Requirements
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NAACP
Numerousity, Adequacy, Appropriateness, Commonality, Predominance |
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Discovery Deposition
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Presumption for discovery. Limited to 3 hours.
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Motion to Substitute Judges
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1. One as of right without cause.
2. Before resolving any substantial merits based issue. |
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Plaintiff's Motion for Voluntary Dismissal without Prejudice
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1. One as of right.
2. Before trial or before counter claim. 3. Can refile up to statute of limitations or one year after dismissal, whichever is longer. |
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Motion Attacking the Complaint
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2-615
1. Pre-answer 2. Facial Attack 3. Material In the Complaint Only |
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Motion to Dismiss the Complain
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2-619
1. With Answer 2. Based on affirmative matter outside complaint |
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Motion for Summary Judgment
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Until the eve of trial. No genuine issue of material fact.
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Motion for a Directed Verdict
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1. Adversary rested
2. Evidence so overwhelmingly favors moving party. |
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Motion for JNOV
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1. Within 30 days
2. Evidence so overwhelmingly favors moving party. |
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Motion for a new Trial.
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1. Within 30 days.
2. Errors at trial affecting the parties' substantial rights, or verdict against the manifest weight of the evidence. |
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Petition for Relief from Judgment
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For Fraud or Perjury. MEND. Merit, Equity, New Facts, Due Diligence.
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