Flashcards in Chapter 5 - Pleadings - Terminology Deck (31):
a notice at the end of the pleading stating that the service of the pleading has been made upon a particular party and including the notarized signature of the individual signing the notice
affidavit of service
defense pled by the defendant in the answer that, if proven, denies recovery to the plaintiff
a response by the defendant to the plaintiff's complaint, which response admits or denies the various allegations and usually asserts a number of affirmative defenses
A notice at the end of a pleading indicating that service of the pleading has been made upon a particular party
certificate of service
a lawsuit brought by individuals representing a large group of identifiable members
the document filed by the aggrieved party to commence litigation
a counterclaim that must be brought by the defendant against the plaintiff or else the defendant will lose the right to assert the claim
each separate cause of action alleged in a complaint. Each should be numbered.
claim in the form of a pleading brought by the def against the plaintiff as part of the same lawsuit
a complaint brought by one codefendant against another
judgment entered against a def who fails to appear and defend against the lawsuit after having been given proper notice of the lawsuit
the method for bringing into an action new parties who may be liable to a def for some or all of the judgment that the plaintiff may obtain against the def. (third-party complaint)
procedure under which a party may deposit into court a fund or property when the party is or may be subject to double liability because two or more claimants are making a claim on a fund or property. Claimants then are forced to litigate their claim in order to determine who is entitled to the fund or property.
ability of a person to become a part of the lawsuit when such a person has an interest in the outcome of the lawsuit
intervention of right
legal document submitted with a motion setting forth background facts and legal authorities to support a position
memorandum of law
a motion by the def that the plaintiff give more details before the def is required to answer the complaint
motion for a more definite statement
a motion by the def that the complaint filed by the plaintiff be dismissed because of some specified defect
motion to dismiss
a motion to eliminate certain allegations from a complaint
motion to strike
a short and plain statement in the complaint of the claim that the plaintiff seeks to enforce and the relief that the plaintiff is requesting
a counterclaim that may be brought by the def against the plaintiff but that does not have to be brought in the same action
ability of a person to join a lawsuit if the claims or defenses are similar to the main action
formal written documents by the parties to the litigation to either start or respond to the litigation.
a section at the end of a complaint specifying relief requested by plaintiff
prayer for relief
the requirement that the lawyer has looked in to the law and facts and concluded that there is a sound basis for the pleading
a right by the def to have any damages awarded to the plaintiff reduced because of some entitlement by the def to damages from the plaintiff
a doctrine that permits a pleading to be deemed to have been filed at an earlier time.
plaintiff's answer to the def's counterclaim
a doctrine that provides that any judgment is binding on the parties forever. "a thing decided"
notice accompanying the complaint that commands that the def appear and defend against the action within a certain period of time or else judgment may be entered against the def.
a complaint by a defendant in the action against a new party, which has the effect of bringing this new party into the action (same as impleader)