Chapter Seven Flashcards
Facts which under substantive law constitute a right to recovery.
Causes of action
Statements of fact in the pleading
Allegations
Causes of action in federal practice.
Claims or counts
Pleading that responds to each allegation of the complaint or cross complaint with an admission or denial.
Answer
Pleading challenging the legal sufficiency of another pleading.
Demurrer
In federal court a motion challenging a pleading; in state and federal court, a motion to terminate an action.
Motion to dismiss
Pleading seeking affirmative relief asserted by a party other then the plaintiff (state) or coparty (federal).
Cross complaint
In federal court a suit by a defendant against the plaintiffs.
Counterclaim
Cross complaint in federal court against a third party to the complaint.
Third party complaint
Party who is named as a defendant in a state or federal cross complaint.
Cross defendant
Plaintiff in a federal case in a counter claim.
Counter defendant
One who asserts a cross complaint or cross complaints.
Cross complaintant
The person who has the right to sue under substantive law.
Real party in interest
The right of the plaintiff to sue under substantive law.
Standing
The ability to sue a defendant in California courts.
Capacity
