Ch. 3,4, 5 Review Flashcards
The delivering of summonses or other legal documents to the people who are required to receive them is called
service of process
A formal document containing a short and plain statement of the claim indicating that the plaintiff is entitled to relief and containing a demand for the relief sought is called a(n)
complaint
The means of compelling a defendant in an action to appear in court is called
process
The procedure for attaching money that the defendant has in a bank account or wages that have been earned by, but not yet been paid to the defendant is called
garnishment
After listening to the client’s version of the facts, an attorney determines the _________ that are involved in a case.
legal issues
When real property is attached, the writ of attachment or notice of lis pendens is recorded at the city or town hall where the property is located.
True
To win a civil case, the plaintiff must prove the case beyond a reasonable doubt.
False
An attachment is the act of taking a person’s property and bringing it into the custody of the law so that it may be applied toward the defendant’s debt if the plaintiff wins the suit.
True
A deponent is a person who signs an affidavit.
True
To be brought to court, potential cases must be justiciable.
True
Pendency of a prior action in a court of the same state is a reason for a defendant to make a
motion to dismiss
A summary judgment is an immediate decision by the court
without going to trial based on the papers filed by the parties
If the defendant admits the plaintiff’s allegation but introduces something new that constitutes a defense to it, they use
an affirmative defense
A written or oral request made to a court for a certain action to be taken is called a
motion
A motion for recusal is a request that the judge disqualify himself or herself from the case.
True
When an affirmative defense is used, the defendant denies the plaintiff’s allegation.
False
A motion to dismiss may be allowed for lack of jurisdiction over the defendant personally.
True
A counterclaim is a claim brought by one defendant against another defendant in the same suit.
False
If a pleading is so vague that the other party cannot properly respond to it, then a motion to strike may be made
False
After an action has begun, any party to a suit may ask written questions of any other party to a suit.
False
Subpoena ad testificandum is an order commanding a person to appear and testify in a legal action.
True
Cross questions are asked in response to redirect questions.
False
The safe harbor provision protects a party from discovery sanctions when a party cannot produce ESI because it was lost due to the routine, good-faith operations of a computer.
True
Court-ordered penalties for failing to produce evidence are called discovery sanctions.
True
