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27 Cards in this Set
- Front
- Back
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DETERMINATIVE FACTS
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facts that affect the outcome of the case
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EACH COUNT
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makes a claim
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AFFIRMATIVE PLEADING
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a party is making a claim against another party
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LIST FOUR AFFIRMATIVE PLEADINGS
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1.Complaint
2.Counterclaim 3.Crossclaim 4.Third-Party Complaint |
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COMPLAINT
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Plaintiff makes claim against a Def.
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COUNTERCLAIM
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Def makes a claim against a Pltf
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CROSSCLAIM
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Claim made by a Def1 against another Def2
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THIRD-PARTY COMPLAINT
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A def brings a third party into the lawsuit
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RESPONSIVE PLEADING
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A party whom a claim against is made
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sua sponte
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A court acting on its own
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STRICKEN
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doesn't remove (it) from file but the court is ordered to ignore it
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BODY OF COMPLAINT
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1. Boiler plate language
2.After caption of complaint 3.Double spaced(required) 4.State claims in consecutive numbered paragraphs |
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COUNTS
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based on 'bodies of law'
must prove by preponderance of evidence |
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COUNT EVALUATION
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each count will be evaluated
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COUNT CRITERIA
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To stand:
1. allege a claim on behalf of PLTF 2.A claim against DEF 3.Must be based on some law in our jurisdiction |
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BREACH OF CONTRACT
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1.prove contract existed
2.prove pltf preformed duties of contract 3. Def failed to perform duties of contract = this is the breach! 4.Resulted in PLTF being harmed in some way. |
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DEMAND FOR RELIEF
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Must tell the court specifically by way of a REMEDY.
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ACTUAL DAMAGES
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These are compensatory damages found in DEMAND FOR RELIEF SECTION OF COMPLAINT
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EXEMPLARY DAMAGES
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These are punitive damages and attorney's fees found in the DEMAND FOR RELIEF SECTION OF COMPLAINT
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PRE-JUDGMENT
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This is interest on debt from time when debt incurred until time of judgment found in DEMAND FOR RELIEF SECTION OF COMPLAINT
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COST AND EXPENSES
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Found in the DEMAND FOR RELIEF SECTION OF COMPLAINT
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OTHER FURTHER RELIEF
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whatever else judgment wants to award found in DEMAND FOR RELIEF SECTION OF COMPLAINT
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PLTF SEEKS 25K OR LESS
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state exact amount of relief
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COMPLAINT BASED ON WRITTEN CONTRACT
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whether it is 25K or not - state exact amount
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PARTY SEEKING MORE THAN 25K
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in the prayer -- state in excess of 25K but do not state how much more
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Atty SIGNATURE IN
SIGNATURE BLOCK SECTION OF COMPLAINT |
Certifies:
1. He has read the doc 2. There is a good faith basis for it -- not lying. 3. He is not filing for stall tatic |
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INTERPOSE OF DELAY
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applies to motions -- not pleadings
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