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10 Cards in this Set

  • Front
  • Back

What does the law of civil procedure cover?

The stages of a civil action and the procedural devices which correspond to these stages

What is the first stage of a civil action?

Deciding where to file suit

During the first stage of a civil action, a potential plaintiff must consider what about a court?



Subject matter jurisdiction, personal jurisdiction, and venue

When does a court have subject matter jurisdiction?

If the const. and statutes under which the court operates have conferred upon it the power to decide the plaintiff's case

Personal jurisdiction?

If the constitution , statutes, and cases which govern the court have given the court the power to issue an order or decision which affects the defendent

When is a court the "proper venue"?

When the statutory rules that govern venue direct that the action be tried in that court

What is the second stage of a civil action?

Pretrial stage

Included in pretrial stage?

Pleading, pretrial motions, joining of parties, discovery, pretrial conference, and disposition without trial

What is pleading?

The process by which the parties provide each other with written notice of their respective claims and defenses

Two basic pleadings?

Complaint (from plaintiff) and answer (reply from defendant)