Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
14 Cards in this Set
- Front
- Back
|
RESPONDING 2 COMPLAINT
In federal court, you have ______ days torespond after an SOP. You have ______ days after a waiver of svc and if it involves the gov't, automatically ______ days. In state cvourt it is always ______ days. |
20;60;60;30
|
|
|
RESPONDING 2 COMPLAINT
In response, D can ______, ______, ______ or ______. |
file a pre-awnswerr motion;answer;remove to fed court;combo
|
|
|
MOTION TO DISMISS
This is filed before an ______ .If D fails to raise issues of ______, ______ ______ and ______ now, they cant do so later. |
answer;proper venue;proper PJ;proper SOP; SOL deadlines
|
|
|
MOTION TO DISMISS
D can always raies uissues of ______, ______ and ______. |
proper SMJ;valid COA;failure to join indispensible party
|
|
|
MOTION TO DISMISS
In granting a motion, it can be done w or w/out ______. With is for issues involving a ______ and cant be refiled. |
prejudice;failure to state a valid COA
|
|
|
MOTION TO DISMISS
In fed court, D's timeline to respobnd to a complaint is ______ pending results of M2D. In ______ it is not. If your M2D is denied, you may ______ or ______. |
suspended;state court;answer;remove to fedc ourt
|
|
|
FILING THE ANSWER
In an answer, D must assert the ______ he will use. They must all be in ______ or he may risk being penalized later. His 4 potential responses will be ______ , ______, ______ or ______ . |
defenses;good faith;admit it;deny it;w/out knowledge or info to forom a belief as to the truth of the fact;upon information and bbelief
|
|
|
FILING THE ANSWER
Failure ot respond to an allegation is considered ______ . Alos, make sure that the ______ statement is deniable if you deny it. Lastly, affirmative ______ must be assserted in the answer. |
admission;entire;defenses
|
|
|
REMOVE 2 FED COURT
Remonal to fed court is possible if ______ , ______ and ______ . |
SMJ always existed;everyone wants to move;remove is suggested w/in 30 days of forst defendant recieveing complaint
|
|
|
REMOVE 2 FED COURT
Filing in fed court immediately ______ all litigation in state court due to proper SMJ. If removal is granted case proceeeds on fed court, if not it is sent back for ______ . P can file a ______ to stop the removal. In mixed ? cases, a judge may choose to ______ the case. |
stops;resolution;motion to remand;break up
|
|
|
______ is when D fails to respond to the comlaint. In fed court it begions on the ______ day. P atty can immediately file for a ______ . If the figure is a ______ P may be granted it and case ios finished. If not, a hearing for judgment is heald and informing D is not ______ . D can attend and present on damages, but not ______ .
|
default;21st;default judgment;sum certain;mandatory;liability
|
|
|
A default hearing is madatory in cases invlovong , ______ and ______ .
|
minors;incompetent;fed gov't
|
|
|
You can terminate litigation thru _____ and _____. The former is based on _____ issues. The latter asks the court to examine a doc to determine its _____. It is not related to _____
|
motion to dismiss;motion of declaratory judgment;technical/substantive;enforcability; money
|
|
|
You can file a motion for a _____ before discovery to terminate litigation. After, you must file a _____. The y both examione judgment entitlemnt based on _____. If there are _____, you can have a partial one.
|
judgment on a pleading;summary judgment;law
|
