Chapter 5 - Pleadings - Terminology Flashcards Preview

LAS109 - Civil Pro I > Chapter 5 - Pleadings - Terminology > Flashcards

Flashcards in Chapter 5 - Pleadings - Terminology Deck (31):
1

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

2

defense pled by the defendant in the answer that, if proven, denies recovery to the plaintiff

affirmative defense

3

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

answer

4

A notice at the end of a pleading indicating that service of the pleading has been made upon a particular party

certificate of service

5

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

class action

6

the document filed by the aggrieved party to commence litigation

complaint

7

a counterclaim that must be brought by the defendant against the plaintiff or else the defendant will lose the right to assert the claim

compulsory counterclaim

8

each separate cause of action alleged in a complaint. Each should be numbered.

count

9

claim in the form of a pleading brought by the def against the plaintiff as part of the same lawsuit

counterclaim

10

a complaint brought by one codefendant against another

cross-claim

11

judgment entered against a def who fails to appear and defend against the lawsuit after having been given proper notice of the lawsuit

default judgment

12

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)

impleader

13

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.

interpleader

14

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

15

legal document submitted with a motion setting forth background facts and legal authorities to support a position

memorandum of law

16

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

17

a motion by the def that the complaint filed by the plaintiff be dismissed because of some specified defect

motion to dismiss

18

a motion to eliminate certain allegations from a complaint

motion to strike

19

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

notice pleading

20

a counterclaim that may be brought by the def against the plaintiff but that does not have to be brought in the same action

permissive counterclaim

21

ability of a person to join a lawsuit if the claims or defenses are similar to the main action

permissive intervention

22

formal written documents by the parties to the litigation to either start or respond to the litigation.

pleadings

23

a section at the end of a complaint specifying relief requested by plaintiff

prayer for relief

24

the requirement that the lawyer has looked in to the law and facts and concluded that there is a sound basis for the pleading

reasonable inquiry

25

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

recoupment

26

a doctrine that permits a pleading to be deemed to have been filed at an earlier time.

relation back

27

plaintiff's answer to the def's counterclaim

reply

28

a doctrine that provides that any judgment is binding on the parties forever. "a thing decided"

res judicata

29

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.

summons

30

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)

third-party complaint

31

method for bringing into an action new parties who may be liable for some or all of the judgment

third-party practice