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| An individual seeks court action and a violation of civil law typically does not carry a jail sentence with it. |
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A line of legal thinking that a series of courts follows. Even though it is not statutory in nature. Doctrine of First Dog Bite Free. |
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| The physical location of the trial. |
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| If two people from differing states get into an accident if the settlement being sought is over $75,000 then the out of towner can ask the be seen by a federal court in which the court uses the laws that apply in the state in which the incident occurred. |
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Cause of Action/Claim for Relief |
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| Are the specific facts stated in the complaint that are going to be alleged during the trial. They are not proven in the complaint. |
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complaint
answer
affirmative defense
counterclaim
Cross claim (third party complaint)
Reply |
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| The part of the complaint where the party states what he is asking the courts to do. |
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Process = Summons and Complaint
Sommons and Complaint have been serviced/delivered to the defendant. |
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| The summons or complaint has been delivered in person to the defendant. |
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| If the defendant has hired a person or company to accept service for them. |
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Registered Agent/Resident Agent |
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| The person or company that accepts service for another. |
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| The legal power the court has to determine the outcome of a legal dispute. |
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| If either party lives in the authorized area of a court that court could hear their case. |
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| If the property exsists or the dispute happened within the authorized area of the court. |
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Quasi In Rem Jurisdiction |
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| If the property of a settlement caused by a lein is within the autherized are of the court. If the property is in another jurisdiction the judgement creditor would have to file a montion in that courts jurisdiction. |
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| Anyone looking to buy a property which has a lein against it is notified by the attorney that it may be seized due to a litigation. |
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| Once a judgement has been obtained a lien maybe attached to the title preventing its sale or transfer. |
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| It is usually found in the answer but is a seperate legal entity. |
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| A request to the court that they attend to a procedural matter involving the trial. |
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| The process of going to trial. |
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A Fact Finding Tool:
Interrogatories
Request for Admissions
Request for Production of Documents
Request for Mental or Physical Examination
Depositions |
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| A paragraph at the end of many pleadings, motions, and discovery documents stating what other parties the information has been sent to. |
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Self Incrimination (5th Amendment)
Attorney/Client
Doctor/Patient
Governmental Information
Husband/Wife (Spousal Communications) |
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| The final determination of the court. |
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Motion for Summary Judgement |
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Definition
Three different motions that request the judge to decide the case instead of the jury.
Motion for Summary Judgement (Pretrial)
Motion for Direct Verdict (Trial)
Motion for Judgement NOV (Post Trial) |
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| They do not have to call on witnesses and evidence as long as those facts are agreed upon by both parties. It helps to streamline a hearing. |
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| Jury selection of questioning of a potential witness. |
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| The lawyer must have a reason for wanting to eliminate a juror. |
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| This case the lawyer does not need a reason to dismess a juror. |
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