1255 LAB: First Year Institute Lab Flashcards
PLAINTIFF
The party who files a complaint.
DEFENDANT
The party against whom a complaint is filed.
SUMMONS
For the purpose of due process
This is the document attached to a complaint which lets the party served know that he has been sued.
COMPLAINT
The initial pleading in a lawsuit containing a statement of facts comprising the plaintiff’s cause of action or claim.
ANSWER
This pleading contains admissions or denials of the plaintiff’s complaint.
AFFIRMATIVE DEFENSE
Generally, this type of defense must be pleaded in the answer or it will be waived.
COUNTERCLAIM
A claim filed by a party (usually a defendant) against an opposing party (usually a plaintiff) who has already filed a complaint against him. These claims may be permissive or compulsory.
CROSSCLAIM
In a lawsuit, a claim by a party against a co-party.
SUMMARY JUDGEMENT MOTION
A motion filed by a party in a lawsuit which asks a court to enter a judgement in his favor without a trial. The motion argues that there are no genuine issues of material fact in dispute.
DEFAULT JUDGEMENT
A judgement entered by a trial court against a defendant who has not responded to the complaint served upon her by the plaintiff.
MOTION TO DISMISS
Formal request to a court to dismiss a lawsuit.
GENUINE ISSUES OF MATERIAL FACT
A “genuine” disagreement between opposing parties on facts legally relevant to a claim.
APPELLANT
In an appellate proceeding, the party who is dissatisfied with the judgment of the trial court and seeks to have that judgment reversed or altered by appealing the judgment to a higher court.
APPELLEE
In an appellate proceeding, this is the party who opposes the appeal.
COUNT
Each separate statement in a complaint which sets out a cause of action, as for example, fraud or negligence.
