1317162
Beschreibung
Karteikarten von Ijeoma Okereke, aktualisiert more than 1 year ago
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Erstellt von Ijeoma Okereke
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| Frage | Antworten |
| WHAT ARE PLEADINGS? | FORMAL ALLEGATIONS FOR THE PARTIES FILED WITH THE APPROPRIATE COURT |
| WHAT are the 4 parts of a civil complaint? | COMPLAINT ANSWER COUNTERCLAIM REPLY |
| WHERE ARE ALL CIVIL PLEADINGS FILED IN PENNSYLVANIA? | OFFICE OF THE PROTHONOTARY |
| DEFINE FACT PLEADING | PARTIES MUST PLEAD THE FACTS WITH SPECIFICITY. HAVE TO INCLUDE DETAILS |
| DEFINE NOTICE PLEADING | GENERAL ALLEGATION OF WRONGFUL CONDUCT ARE PERMITTED. USE MORE GENERAL ALLEGATIONS |
| WHAT KIND OF PLEADING IS USED IN PENNSYLVANIA COURTS? | FACT PLEADING |
| WHAT KIND OF PLEADING IS USED IN FEDERAL COURTS? | NOTICE PLEADING |
| What does PLEADING IN THE ALTERNATIVE do? | MUST INCLUDE ALL CAUSES OF ACTION IN ONE COMPLAINT |
| Who signs the COMPLAINT | the attorney |
| What is a verification page and who signs it? | signed by the plaintiff, its swearing under penalty of criminal prosecution that all allegations in the complaint are true and correct ("verified complaint") |
| What does a complaint include? | -identify parties -statement of jurisdiction(required in federal complaints) -statement of facts that are foundation of the cause of action -prayer for relief |
| What is included in a caption? | -Parties -Court -Docket number -Type of pleading A CAPTION IS INCLUDED ON EVERY PLEADING FILED WITH THE COURT |
| define a DOCKET NUMBER | assigned by the court and used by the court to manage all documents associated with a particular case |
| what is a SUMMONS? | Notifies defendant that they have been sued Served with complaint |
| Define Service of Process | Delivery of the summons and complaint to the defendant |
| Define Personal Service | hand delivery of the summons/complaint on the defendant |
| define Substituted Service | Leaving a copy of the summons/complaint with a responsible adult at the defendants residence or place of business |
| define Return of Service | completed by process server and filed with the court, indicates where summons/complaint was served and who it was served on |
| what is a Motion to Dismiss? | used to challenge a complaint if defendant thinks the complaint is flawed then they file this defendants option after they have been served |
| When can a motion to dismiss be filed? | After defendant has been served but BEFORE the complaint has been answered |
| What happens if a motion to dismiss is granted? | -plaintiff MAY be given opportunity to amend complaint -case thrown out |
| what happens if a motion to dismiss is denied? | defendant must answer the complaint |
| define an ANSWER | defendants response to the complaint |
| what is included in an answer? | -defendant must admit or deny EACH allegation in the complaint -must also raise any appropriate counterclaims or affirmative defenses |
| define a Counterclaim | claim made my defendant against a plaintiff usually arises out of the same transaction or occurence |
| define a Reply | plaintiffs reply to a counterclaim |
| Define a CROSS-CLAIM | claim made by one defendant against a co defendant alleging that the co-defendant is solely responsible EX. i get in a car accident at the scene I say i just got my breaks done at midas and now they don't work. plaintiff v defendant and co-defendant |
| Define a 3rd party complaint | Claim made by the defendant against a 3rd party who is not already a part of the action -because plaintiff wasn't aware of 3rd party plaintiff v. defendant v. 3rd party |
| what are pre-trial motions? | motions made AFTER pleadings are complete Motions are based on the legal premise that there is no material issue of fact and the moving party is entitled to judgement as a matter of law BASICALLY SAYING WE DON'T NEED TO GO TO TRIAL BECAUSE WERE NOT CONTESTING THE FACTS |
| Motion for judgement on the pleadings | the court is limited to the content of the pleadings |
| Motion for summary judgement | both parties can submit briefs and affidavits in support of their position |
| What is the prupose and scope of DIscovery | Purpose: to narrow the focus of the case by eliminating issue not in dispute Scope: the information sought must be relevant and NOT privileged FIND OUT WHAT THE OTHER SIDE HAS |
| What are Depositions? | a part of discovery Sworn testimony given PARTIES OR WITNESSES have to have a court reporter both attorneys must be there take oath |
| what are depositions used for ? | prepare for trial, to impeach witnesses or in place of the testimony of a witness who is no longer available, to preserve testimony |
| define deponent | person can be deposed |
| can the deponent be represented by legal counsel during deposition? | yes |
| what do Paralegals do after the deposition? | they summarize the deposition summarize: narrative summarize: chronological (line by line) |
| what are Interrogatories? | a series of written questions for which written responses are prepared CAN ONLY BE SERVED ON PARTIES NOT WITNESSES!!!! parties should prepare answers with a lawyers help |
| what is a REQUEST FOR PRODUCTION OF DOCUMENTS used for? | to request documents of a PARTY |
| What is a DUCES TECUM used for? | to request documents of a NON-PARTY |
| What are Request for Admissions? | Written request of the other PARTY to admit or deny a relevant fact similar to a stipulation frequently used to authenticate documents |
| What is a request for independent medical exams | If physical or mental condition of PARTY has been placed at issue the opposing party can request an independent medical exam can only make a request of a PARTY |
| what is a Lay Witness? | testifies regarding what they saw, heard or felt |
| what is an Expert Witness? | gives opinion testimony; testimony based upon review of records or hypotheticals -expert witnesses must be certified as experts by the court or by stipulation between the parties -expert didn't observe the incident just give opinion on the facts |
| What is a request for expert witness list? | discover identity of opposing partys witnesses can discover credentials of experts as well as any writings/theories upon which the expert will be basing their testimony |
| What is a Trial Notebook? | prepared by the paralegal and everything is indexed contains all documents necessary for trial includes depositions and summaries, witness lists, opening statements, direct and cross examination questions, voir dire questions |
| what is Preparation of Witness? | paralegal helps, witness is prepared for trial, how to tell the story |
| when is Voir Dire used and what is it? | during jury selection prospective jurors are questioned by the judge and both attorneys |
| during jury selection what is For Cause? | when its apparent that the juror cannot be impartial they are challenged and dismissed |
| what are Peremptory challenges | each side has a LIMITED number of these challenges whereby the prospective juror is challenged and dismissed for no reason |
| what is an Opening Statement | at the start of the trial party with burden of proof goes first . tells the clients story and introduces the jury to the case |
| What is Direct examination of witnesses | question your own witness but cannot ask leading questions |
| what is a leading question? | a question where it can only be answered with a yes or no |
| what is cross examination of witnesses? | after a witness has testified they are subject to cross examination by opposing legal counsel scope of cross examination is limited by the scope of the direct examination (if it wasnt brought up in direct examination you cant bring it up in cross) |
| what is a Closing Argument? | at the conclusion of the trial each attorney reiterates their case and makes his argument to the jury lawyer argues for their side |
| what are 2 important things to know about closing arguments | -The attorney can only use facts that have been admitted into evidence -the lawyer cannot express their opinion on reliability of the evidence |
| what is a Charge to the jury? | judge instructs the jury on the applicable law |
| what happens after both sides put on their arguments | jury deliberates and returns a verdict after the jury delivers its verdict the court (judge) enters a judgement |
| what are the 2 post trial motions called? | motion for nonsuit motion for judgement n.o.v |
| what is a motion for non suit? | made by defendant at the end of plaintiffs case but BEFORE they put on their case . made on the grounds that plaintiff failed to make his prima facie case i.e the case is not supported by the minimum amount of evidence required to support the claim |
| what is a motion for judgement n.o.v? | made by the losing party AFTER the verdict is rendered. moving party claims that the jury was wrong as a matter of law and seeks judgement in their favor if granted the judgement entered will be the OPPOSITE of the verdict |
| what re the 4 types of motions? | PRE-TRIAL: -motion for judgement on the pleadings -motion for summary judgement POST TRIAL: -motion for nonsuit -motion for judgemnet n.o.v |
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