Term
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Definition
Caption
jurisdiction
cause of action
ad damnum clause (prayer relief)
Subscription |
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Term
What is a caption or style? |
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Definition
The title, which court it is being filed, names of parties.
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Definition
List addresses or state
"the plaintiff is not and at all times relevant has been a resident of_____" |
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Definition
Negligence, negligence per se, breach of contract, IIED, misrepresentation. |
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Definition
Looks like a signature with attys bar #, address and phone #. By signing this, an atty is attesting that the infor is true. |
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what pleading initiates the inititation process |
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Definition
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what pleading responds to the complaint |
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Definition
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Term
where do you find affirmative defenses and cross claims |
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Definition
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Term
how many lines are on a pleading paper |
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Definition
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Term
what is another name for cause of action |
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Definition
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what are 3 elements that make up caption |
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Definition
title of document, court where it is filed and party names |
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Term
what is another name for caption |
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Definition
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Term
what are 5 discovery tools |
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Definition
interrogs, req for admissions, req for production, req for mental or phsyical exam, deposition |
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Term
what is the difference between pleadings and discovery |
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Definition
pleadings are filed with the court and states a parties position, discovery is a pretrial mechanism to expose relevant facts |
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Term
What is the us district court? |
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Definition
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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? |
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Definition
Primary persuasive
Since the case found is from a different jurisdiction (state v. federal), it would be primary/persuasive authority. |
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Term
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Definition
a set of rules related to E-Discovery |
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Term
Which of the following is a form of discovery? |
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Definition
Forms of discovery include: -Interrogatories -Request for Admissions -Request for Production or Inspection of Documents -Request for Mental or Physical Examination -Depositions |
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Term
Requests for Admissions are a collection of: |
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Definition
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Term
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Definition
The generally recognized pleadings are: -Complaint -Answer (sometimes including Affirmative Defenses) -Counterclaim -Cross Claim -Reply |
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Term
The element of the Complaint that asks for damages is the |
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Definition
Wherefore Clause, Prayer for Relief, and Ad Damnum Clause are all the same thing. They specify the relief being sought of the court |
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Term
Which of the following is a pleading? |
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Definition
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Term
Which of the following is a pleading? |
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Definition
Answer (sometimes including Affirmative Defenses) |
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Term
Which of the following is a pleading? |
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Definition
-Counterclaim or cross claim
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Term
Which of the following is a pleading? |
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Definition
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Term
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Definition
selected cases and annotations of the cases it publishes |
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Term
Which of the following is a function of Shepard’s?: |
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Definition
validates authority
provides parallel citations
leads to additional authority |
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Term
Digests are primarily published by: |
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Definition
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Term
Which of the following is a function of KeyCite |
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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 |
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Term
digests act as an index to |
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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.
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Term
does hearsay include a persons conduct |
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Definition
no, Only statements (oral or written) can be hearsay. |
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Term
When conducting investigation, a paralegal is primarily concerned with finding: |
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Definition
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Term
In a citation, the cite published by a private company is the: |
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Definition
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Term
In a citation, which of the following would be considered primary authority? |
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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. |
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Term
What kind of a document is a contract |
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Definition
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Term
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Definition
a PLEADING that initiates litigation |
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What form are discovery documents in |
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Definition
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Term
Is US federal trial court and us district court the same thing? |
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