Shared Flashcard Set

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litigation
litigation
40
Law
Undergraduate 2
04/28/2013

Additional Law Flashcards

 


 

Cards

Term
Elements of a Complaint
Definition

Caption

jurisdiction

cause of action

ad damnum clause (prayer relief)

Subscription

Term
What is a caption or style?
Definition

The title, which court it is being filed, names of parties.

 

 

Term
Jurisdiction
Definition

List addresses or state

"the plaintiff is not and at all times relevant has been a resident of_____"

Term
Cause of action
Definition
Negligence, negligence per se, breach of contract, IIED, misrepresentation.
Term
Subscription
Definition
Looks like a signature with attys bar #, address and phone #. By signing this, an atty is attesting that the infor is true.
Term
what pleading initiates the inititation process
Definition
complaint
Term
what pleading responds to the complaint
Definition
answer
Term
where do you find affirmative defenses and cross claims
Definition
answer
Term
how many lines are on a pleading paper
Definition
28
Term
what is another name for cause of action
Definition
claim for relief
Term
what are 3 elements that make up caption
Definition
title of document, court where it is filed and party names
Term
what is another name for caption
Definition
style
Term
what are 5 discovery tools
Definition
interrogs, req for admissions, req for production, req for mental or phsyical exam, deposition
Term
what is the difference between pleadings and discovery
Definition
pleadings are filed with the court and states a parties position, discovery is a pretrial mechanism to expose relevant facts
Term
What is the us district court?
Definition
federal trial court
Term
If your attorney is arguing a case in the state trial court in your jurisdiction, and you find a relevant case from the Federal Circuit Court in your jurisdiction, what kind of authority would that be?
Definition

Primary persuasive

Since the case found is from a different jurisdiction (state v. federal), it would be primary/persuasive authority.

Term

Zubalake

Definition
a set of rules related to E-Discovery
Term
Which of the following is a form of discovery?
Definition
Forms of discovery include:
     -Interrogatories
     -Request for Admissions
     -Request for Production or Inspection of Documents
     -Request for Mental or Physical Examination
     -Depositions
Term
Requests for Admissions are a collection of:
Definition

statements

 

Term

What are pleadings

 

Definition
The generally recognized pleadings are:
     -Complaint
     -Answer (sometimes including Affirmative Defenses)
     -Counterclaim
     -Cross Claim
     -Reply
Term
The element of the Complaint that asks for damages is the
Definition
Wherefore Clause, Prayer for Relief, and Ad Damnum Clause are all the same thing. They specify the relief being sought of the court
Term
Which of the following is a pleading?
Definition
Complaint
Term
Which of the following is a pleading?
Definition
Answer (sometimes including Affirmative Defenses)
Term
Which of the following is a pleading?
Definition

-Counterclaim or cross claim


Term
Which of the following is a pleading?
Definition
  -Reply
Term
A.L.R. contains
Definition
selected cases and annotations of the cases it publishes
Term
Which of the following is a function of Shepard’s?:
Definition

validates authority

provides parallel citations

leads to additional authority

Term
Digests are primarily published by:
Definition
West
Term
Which of the following is a function of KeyCite
Definition
The most critical function of KeyCite is that it validates authority. However, it also provides parallel citations if the case has been published in multiple publications, and because the citations within the KeyCite results page are quoting the case being validated, they probably deal with similar issues. In this way, it leads to additional authority
Term
digests act as an index to
Definition

 

Digests are a collection of headnotes arranged in topical order. It acts as an index to case law. Well, you would never quote an index. You would quote the authority it is indexing, in this instance, cases. Thus, since you would never quote digests, they are non-authority.
Term
does hearsay include a persons conduct
Definition
no, Only statements (oral or written) can be hearsay. 
Term
When conducting investigation, a paralegal is primarily concerned with finding:
Definition
Facts
Term
In a citation, the cite published by a private company is the:
Definition
unofficial cite
Term
In a citation, which of the following would be considered primary authority?
Definition
Both the official and unofficial cites contain primary authority (cases, statutes, etc.).  Official v. unofficial only refers to who publishes the book. Official/unofficial has no relationship to primary/secondary.
Term
What kind of a document is a contract
Definition

an instrument

 

Term
What is a complaint
Definition
a PLEADING that initiates litigation
Term
What form are discovery documents in
Definition
pleading form
Term
Is US federal trial court and us district court the same thing?
Definition
YES
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