Civil Litigation Midterm

Front 1

Substantive Law

Back 1

Legal principles that define rights and obligations

Front 2

Civil Procedure

Back 2

Statutes and rules that govern the process of litigation

Front 3

Local Rules

Back 3

Rules adopted in each jurisdiction for the administration of litigation

Front 4

Pleadings

Back 4

Document that lets you know the facts of the case and the issues

Front 5

At Issue

Back 5

All pleadings have been answered

Front 6

Law and Motion

Back 6

A court that hears and resolves such issue so that cases can proceed to trial

Front 7

ADR

Back 7

Alternative Dispute Resolution - Resolution of disputes by private judges.

Front 8

Attorney-Client Privilege

Back 8

All confidential communications between attorney and client in the process of providing and/or requesting legal advice

Front 9

Jurisdiction

Back 9

Authority of a court to render a judgment in a particular case

Front 10

Forum

Back 10

Any court which has jurisdiction to handle the case

Front 11

Diversity of Citizenship

Back 11

A basis for federal jurisdiction over parties from different states

Front 12

Limited Jurisdiction

Back 12

Case value less than $25,000

Front 13

Unlimited Jurisdiction

Back 13

Cases over $25,000

Front 14

State v. Federal Courts

Back 14

State courts can hear any cases. Federal courts only hear cases regarding diversity of citizenship and federal question

Front 15

Subject Matter Jurisdiction

Back 15

Jurisdiction over the type of case or claim

Front 16

Prayer

Back 16

Portion of pleading containing the relief sought.

Front 17

Joinder

Back 17

Combining all parties - including opposing parties.

Front 18

Cause of Action

Back 18

the reason the issue is in the court- the wrong that was done by the defendant

Front 19

Forum State

Back 19

where the action is brought (state)

Front 20

Full faith and credit

Back 20

Given to a state court judgment by another state court

Front 21

quasi in rem jurisdiction

Back 21

jurisdiction over property relating to the dispute, enforce persona obligations.

Front 22

Long- Arm statute

Back 22

State statue that allows jurisdiction over nonresident defendants- they can go in a grab the defendent.

Front 23

Special Appearance

Back 23

Appearance limited to the issue of jurisdiction which does not confer personal jursidiction

Front 24

Motion to quash service of summon

Back 24

summons ineffective

Front 25

venue

Back 25

courts within the state having jurisdiction

Front 26

Answer

Back 26

pleading that responds to the allegations of the complaint with admission or denial

Front 27

Demurrer

Back 27

Attacking the complaint, testing the legal sufficiency of the pleading

Front 28

Motion to Dismiss

Back 28

in federal court - motion to challenge pleading. In state court- a motion to terminate action.

Front 29

Capacity

Back 29

the ability to sue or defend in California Courts

Front 30

Doe Defendants

Back 30

their parties are unknown

Front 31

Statue of Limitations

Back 31

Time within which matters must be filled or all rights will be forfeited

Front 32

Verified

Back 32

Under oath

Front 33

Personal Service

Back 33

Service of summons by personal delivery

Front 34

Substituted Service

Back 34

serving the defendant at home, place of business followed by mail service

Front 35

Publication

Back 35

notice in the newspaper

Front 36

Admission

Back 36

statement of truth or fact

Front 37

General Denial

Back 37

I deny everything

Front 38

Affirmative defenses

Back 38

legal theories and factual allegations upon which the defendant bases his defense.

Front 39

Plea in abatement

Back 39

Facts other than those plead by the plaintiff would establish that the complaint be defective

Front 40

General Demurrer

Back 40

court lacks jurisdiction in the matter.

Front 41

Motion to strike

Back 41

motion to exclude improper or irrelevant matter from a pleading

Front 42

Merits

Back 42

The ultimate facts of the case.

Front 43

Interrogatories

Back 43

Written questions to be answered in writing or under oath

Front 44

Request for Admissions

Back 44

Requesting the party to admit or deny statements of fact under oath.

Front 45

Deposition

Back 45

Oral testimony recorded by court reporter.

Front 46

Document Request- Demand for Documents

Back 46

Request for the production of documents and tangible evidence, or for entry onto real property

Front 47

Propound

Back 47

Ask or Demand

Front 48

Meet and Confer

Back 48

Requirement that counsel attempt to resolve discovery disputes before moving for court orders

Front 49

Motion to Compel Answers

Back 49

Motion for an order to compel answers when defendant does not respond

Front 50

Chronological Summary

Back 50

Deposition summary with information rearranged in chronological order

Front 51

Topic Summary

Back 51

Deposition summary listing topics

Front 52

Narrative Summary

Back 52

Depos in memorandum form

Front 53

Subpoena Duces Tecum

Back 53

Document compelling production of tangible evidence, usually by third party

Front 54

Expert Witness

Back 54

Person with expertise in a relevant area who is engaged to testify at trial

Front 55

Privilege

Back 55

Communications between participants to a relationship that, as a result of public policy cannot be discovered

Front 56

Waive

Back 56

Consent - knowing sacrifice of right