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7 Cards in this Set
- Front
- Back
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When is a civil action "commenced" ?
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By FILING a complaint with the court.
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In Medical Negligence complaint, how much money can you STATE that you demand?
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You can't STATE a demand above $10,000
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True or False: A court has jurisidiction over the defendant as soon as the complaint is FILED.
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False.
Court has no jxn over D until SERVICE OF PROCESS is perfected on the D. |
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What day is used to determine Venue?
1) Date malpractice committed 2) Date of Injury 3) Date complaint is Filed 4) Date of Service of process |
3) Date Complaint is Filed
IF Service perfected on D within a "reasonable time". |
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What standard is used to evaluate plaintiff's service on defendant?
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"Due Diligence"
no "Laches" |
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Who has the burden on the Plaintiff's diligence on Service of Process?
1) Defendant claiming Plaintiff committed Laches 2) The Plaintiff who was in charge of getting service |
Burden on PLAINTIFF that he acted in
- Reasonable, and - Diligent manner to perfect service - Quickly |
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What if the trial court concludes that DELAY of service on Defendant occured because of Plaintiff's LACHES?
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Trial court may DISMISS the action.
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