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CIVIL LIT II
VOCAB CH. 5 THRU COMPLAINT
31
Law
Graduate
01/25/2013

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Term
PLEADINGS
Definition
FORMAL WRITTEN DOCUMENTS BY WHICH THE PARTIES TO THE LITIGATION EITHER START OR RESPOND TO A LAWSUIT.

THE PLEADINGS STATE CLAIMS OR DEFENSES
Term
DUE PROCESS
Definition
FAIR JUDICIAL PROCEEEDINGS GUARANTEED IN THE U.S. CONSTITUTION AND THE NC CONSTITUTION.
Term
FEDERAL RULES OF CIVIL PROCEDURE
Definition
RULES THAT CONTROL PLEADINGS IN THE FEDERAL COURT SYSTEM.

FOUND IN LAW.CORNELL.EDU
Term
NC RULES OF CIVIL PROCEDURE
Definition
RULES THAT GOVERN COURT PROCEEDINGS FOUND IN THE NCGA STATUTES CH. 1A
Term
GENERAL RULES OF PRACTICE FOR THE SUPERIOR AND DISTRICT COURTS
Definition
2ND LAYER OF RULES CREATED BY THE SUPREME COURT OF NC. 7A-34.
Term
LOCAL RULES
Definition
RULES FOR EACH COUNTY/JURISDICTION. FOR PITT COUNTY FIND THEM AT NCCOURTS.ORG
Term
NOTICE PLEADING
Definition
RULE 8(a) SHORT AND PLAIN STATEMENTS;

THIS PLEADING PUTS THE PARTIES AND COURT ON NOTICE.
Term
FACT PLEADING
Definition
NEED TO PLEAD THE FACTS BEFORE YOU WERE ALLOWED TO PROVE IT IN COURT.
NC NO LONGER A FACT PLEADING STATE.
Term
CAPTION
Definition
IT SETS FORTH THE DIVISION OF THE COURT IN WHICH THE ACTION IS FILED, TITLE SETS FORTH THE ACTION.
EX. COMPLAINT, DEMAND FOR JURY TRIAL
Term
ADOPTION/INCORPORATION BY REFERENCE
Definition
Where a secondary material is incorporated into the first.
Term
CIVIL ACTION COVER SHEET
Definition
A COVER SHEET THAT PROVIDES INFORMATION ABOUT THE PLEADING THAT IS FILED WITH THE COMPLAINT/ANSWER ETC.
Term
COMPLAINT
Definition
A DOCUMENT FILED BY THE PLAINTIFF TO COMMENCE A LAWSUIT
Term
TOLL
Definition
TO STOP
Term
JURISDICTIONAL ALLEGATIONS
Definition
THE PARTS OF A COMPLAINT THAT STATE FACTS SUPPORTING THE AUTHORITY OF A COURT TO HEAR A CASE. FED. RULE 8(a)SPECIFICALLY REQUIRES JURISDICTION ALLEGATIONS
Term
CAUSE OF ACTION ALLEGATIONS
Definition
PARTS OF THE COMPLAINT THAT STATE THE FACTS AND THE ELEMENTS THAT SUPPORT YOUR CASE
Term
PATTERN JURY INSTRUCTIONS
Definition
CREATED BY A COMMITTEE OF JUDGES TO PROVIDE THE LANGUAGE USED BY JUDGES TO INSTRUCT A JURY REGARDING THE LAW AND WHAT THEY MUST FIND.
Term
AVERRED/AVERMENT
Definition
TO STATE; OR A STATEMENT
Term
GENERAL DAMAGES
Definition
NATURAL AND LOGICAL CONSEQUENCES OF A WRONGFUL ACT SUCH AS PAIN AND SUFFERING; LOSS OF LIFE ENJOYMENT; HUMILIATION.
Term
SPECIAL DAMAGES
Definition
THESE NEED TO BE "AVERRED"/ STATED. THEY NEED TO BE PLEADED WITH PARTICULARITY EX. LOST WAGES, MEDICAL EXPENSES, REPAIR COSTS.
Term
ACTUAL DAMAGES
Definition
COMPENSATION FOR LOSSES RESULTING FROM INJURIES CAUSE BY ANOTHER.
Term
PUNITIVE DAMAGES
Definition
THE AMOUNT AWARDED BEYOND ACTUAL DAMAGES TO PUNISH THE DEFENDANT FOR BAD CONDUCT.

THESE MUST BE PLEADED WITH PARTICULARITY ALSO.
Term
UPON INFORMATION AND BELIEF
Definition
IT IS NOT A FACT WITHIN OUR ABILITY TO KNOW, BUT WE HAVE REASON TO "BELIEVE" IT IS TRUE
Term
DEMAND FOR JUDGMENT
Definition
THIS IS A PRAYER FOR RELIEF. FALLS UNDER RULE 8(a)(2).
Term
IN EXCESS OF $10,000
Definition
YOU WRITE "THIS AMOUNT IS IN EXCESS OF $10,000 TO TELL THE COURT YOU NEED TO TRY THE CASE IN SUPERIOR COURT
Term
SPECIFIC PERFORMANCE
Definition
TO DO A CERTAIN ACTION ORDERED BY THE COURT. EX. RETURN THE VASE, GIVE OVER THE DEEDED LAND, ETC.
Term
INJUNCTION
Definition
A COURT ORDER TO STOP DOING SOMETHING
Term
DEMAND FOR JURY TRIAL
Definition
ANY PARTY CAN DEMAND A TRIAL BETWEEN COMMENCEMENT OF AN ACTION AND UP TO 10 DAYS AFTER THE SERVICES OF THE LAST PLEADING. THIS IS A REQUEST FOR A JURY TRIAL PUT IN A PLEADING.
Term
WAIVER
Definition
TO GIVE UP YOUR RIGHT TO SOMETHING
Term
SUBSCRIPTIONS
Definition
SCRIPT MEANS TO SIGN; SUB MEANS UNDER. A SIGNATURRE IS NEEDED AT THE BOTTOM OF A COMPLAINT/PLEADING.
Term
SANCTIONS
Definition
A PUNISHMENT IMPOSED FOR INCORRECT FILINGS OF COMPLAINTS AND PLEADINGS. EX. A FINE, COSTS TO CLIENT, COST TO ATTORNEYS
Term
VERIFICATION
Definition
IT IS AN AFFIDAVIT ON THE PLEADING STATING THAT THE STATEMENTS IN THE COMPLAINT OR PLEADING ARE TRUE.
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