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13 Cards in this Set

  • Front
  • Back

Interpleader

Procedure under which a party subjected to double liability may deposit into court a fund or property. Ccp 386.

Intervention

Ccp 387. Procedure by which a non-party having an interest in a pending action can protect its rights by becoming an additional party and presenting a claim or defense

Res judicata

the principle that a matter may not, generally, be relitigated once it has been judged on the merits

Class action

A lawsuit brought by individuals representing a large group of identifiable members

Relation back

A doctrine that permits an amended pleading to be deemed filed at the time of the original pleading

Motion in limine

A pretrial motion asking that certain evidence be found inadmissible, and that it not be referred to or offered at trial.

Demurer

A motion challenging the legal sufficiency of the complaint.

Verbal acts

Words that create a legal relationship or give legal context to an accompanying physical act

Operative legal fact

Words used in the legal acts context

Enjoin

To cause an action to stop through a court ordered injunction

Motion

An application to a court for an order. Generally must be filled at least 21 days prior to the hearing.

Motion requirements

1. Motion itself 2. Notice of a hearing 3. Memorandum of points and authorities

Memorandum of points and authorities

Document setting forth facts and legal authorities to support a motion