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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 |
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What is the first stage of a civil action? |
Deciding where to file suit |
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During the first stage of a civil action, a potential plaintiff must consider what about a court? |
Subject matter jurisdiction, personal jurisdiction, and venue |
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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 |
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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 |
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When is a court the "proper venue"? |
When the statutory rules that govern venue direct that the action be tried in that court |
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What is the second stage of a civil action? |
Pretrial stage |
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Included in pretrial stage? |
Pleading, pretrial motions, joining of parties, discovery, pretrial conference, and disposition without trial |
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What is pleading? |
The process by which the parties provide each other with written notice of their respective claims and defenses |
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Two basic pleadings? |
Complaint (from plaintiff) and answer (reply from defendant) |