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35 Cards in this Set
- Front
- Back
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To appeal a judgment or order...
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must be filed within 30 days with clerk of the superior court.
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Jurisdiction
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Power of the court to adjudicate cases and issue orders.
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Comparative negligence
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requires the judge or a jury to determine the percentage of fault attributable to both sides when any fault on the part of the plaintiff is proven
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Will
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A legal instrument by which a person disposes of property at death
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Product liability
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Legal responsibility of those who supply goods whose defects cause injuries or losses to others
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Voir Dire
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Process of jury selection in civil cases
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Civil cases in Arizona must serve complaint and summons within...
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120 days after filing
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Community property
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All property acquired by either husband or wife during the marriage
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Answer
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Defendants response to the plaintiff's complaint
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Default Judgment
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The relief granted by a court when an opposing party fails to answer a complaint or appear to trial
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Contract
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An agreement between two or more parties that is enforceable by law
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Trust
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An agreement whereby one party holds title to property for benefit of another
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Summary Judgment
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Granted where the pleadings, depositions, answers, and admissions on file, together with affidavits, shot there is: no genuine issue as to any material fact and the moving party is entitled to judgment as matter of law
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Scope of discovery
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Extends to all not privileged information relevant to the subject matter of the pleading action
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Res Judicata
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Bars a new litigation upon the same claim or cause of action once it has been fully litigated
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Negligence Action
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Must prove defendant had duty of care, breach of duty was proximate cause of the injury or property loss, damages.
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Counterclaims, Complaint, Cross claims, 3rd Party Complaint
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Claims for relief available under A.R.C.P.
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Interrogatories, Depositions, Request to produce documents, Request for physical and mental examinations, Request for admissions
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Methods both parties may obtain discovery
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Subpoena Duces Tecum
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Commands an individual to bring along relevant documents or materials in his or her possession
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Tort
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Area of law concerning injuries, wrongs and damages between individuals.
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Affirmative defense
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Raised by defendant and if proven will relieve them of liability
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Damages
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A remedy for breach of contract
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Assumption of risk
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Legally valid affirmative defense for a tort case
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offer and acceptance, consideration, no legal defense
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Elements of an enforceable contract
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Rules of Civil Procedure
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Set of rules and procedures which govern actions of all parties involved in civil court action
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Rules of Evidence
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Governs the admissibility of factual information in court
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Subpoena
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A command to a person to appear as directed in order to provide testimony at the time and place specified by the moving party
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Comparative Negligence
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Measured in terms of percentages; any damages allowed are reduced in proportion to the amount of plaintiff's negligence
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Cross-claim
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A claim by one party against a co-party arising the same transaction or occurrence
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Verdict
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Formal decision or finding made by a jury concerning matters of facts submitted to them
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Judgment
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Official announcement of the results of the litigation
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Counterclaim
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A claim that the defendant has against the plaintiff at the time of filing a responsive pleading, arising out of the same transaction or occurrence
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Expert witness
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Someone who has specialized knowledge in a particular field obtained from either education or personal experience that qualified the person to answer opinion questions
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Summons
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Document issued by Clerk of Court that directed plaintiff to notify the defendant named in complaint that in case of failure to appear and defend, default judgment will render against him for relief demanded in complaint
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Interrogatories
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A discovery device one party may serve another party with written questions which are required to be answered in writing and under oath
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