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56 Cards in this Set
- Front
- Back
Substantive Law
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Legal principles that define rights and obligations
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Civil Procedure
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Statutes and rules that govern the process of litigation
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Local Rules
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Rules adopted in each jurisdiction for the administration of litigation
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Pleadings
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Document that lets you know the facts of the case and the issues
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At Issue
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All pleadings have been answered
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Law and Motion
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A court that hears and resolves such issue so that cases can proceed to trial
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ADR
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Alternative Dispute Resolution - Resolution of disputes by private judges.
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Attorney-Client Privilege
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All confidential communications between attorney and client in the process of providing and/or requesting legal advice
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Jurisdiction
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Authority of a court to render a judgment in a particular case
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Forum
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Any court which has jurisdiction to handle the case
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Diversity of Citizenship
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A basis for federal jurisdiction over parties from different states
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Limited Jurisdiction
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Case value less than $25,000
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Unlimited Jurisdiction
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Cases over $25,000
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State v. Federal Courts
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State courts can hear any cases. Federal courts only hear cases regarding diversity of citizenship and federal question
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Subject Matter Jurisdiction
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Jurisdiction over the type of case or claim
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Prayer
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Portion of pleading containing the relief sought.
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Joinder
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Combining all parties - including opposing parties.
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Cause of Action
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the reason the issue is in the court- the wrong that was done by the defendant
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Forum State
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where the action is brought (state)
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Full faith and credit
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Given to a state court judgment by another state court
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quasi in rem jurisdiction
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jurisdiction over property relating to the dispute, enforce persona obligations.
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Long- Arm statute
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State statue that allows jurisdiction over nonresident defendants- they can go in a grab the defendent.
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Special Appearance
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Appearance limited to the issue of jurisdiction which does not confer personal jursidiction
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Motion to quash service of summon
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summons ineffective
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venue
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courts within the state having jurisdiction
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Answer
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pleading that responds to the allegations of the complaint with admission or denial
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Demurrer
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Attacking the complaint, testing the legal sufficiency of the pleading
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Motion to Dismiss
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in federal court - motion to challenge pleading. In state court- a motion to terminate action.
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Capacity
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the ability to sue or defend in California Courts
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Doe Defendants
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their parties are unknown
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Statue of Limitations
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Time within which matters must be filled or all rights will be forfeited
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Verified
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Under oath
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Personal Service
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Service of summons by personal delivery
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Substituted Service
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serving the defendant at home, place of business followed by mail service
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Publication
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notice in the newspaper
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Admission
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statement of truth or fact
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General Denial
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I deny everything
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Affirmative defenses
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legal theories and factual allegations upon which the defendant bases his defense.
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Plea in abatement
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Facts other than those plead by the plaintiff would establish that the complaint be defective
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General Demurrer
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court lacks jurisdiction in the matter.
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Motion to strike
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motion to exclude improper or irrelevant matter from a pleading
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Merits
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The ultimate facts of the case.
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Interrogatories
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Written questions to be answered in writing or under oath
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Request for Admissions
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Requesting the party to admit or deny statements of fact under oath.
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Deposition
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Oral testimony recorded by court reporter.
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Document Request- Demand for Documents
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Request for the production of documents and tangible evidence, or for entry onto real property
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Propound
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Ask or Demand
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Meet and Confer
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Requirement that counsel attempt to resolve discovery disputes before moving for court orders
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Motion to Compel Answers
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Motion for an order to compel answers when defendant does not respond
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Chronological Summary
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Deposition summary with information rearranged in chronological order
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Topic Summary
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Deposition summary listing topics
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Narrative Summary
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Depos in memorandum form
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Subpoena Duces Tecum
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Document compelling production of tangible evidence, usually by third party
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Expert Witness
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Person with expertise in a relevant area who is engaged to testify at trial
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Privilege
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Communications between participants to a relationship that, as a result of public policy cannot be discovered
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Waive
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Consent - knowing sacrifice of right
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