CH3 Flashcards
Know the options for responding to a complaint
Motion to dimiss
An answer with or without an affirmative defense, and/or
A counterclaim
Know what happens if the defendant does not respond to the complaint
Court presumes that the plaintiff is correct and enters a judgment against the defendant for what the plaintiff ask for
Know what a motion to dismiss for a failure to state a claim upon which relief may be granted means
This is an assertion that even if the facts asserted are true, the law furnishes no remedy for the injury claimed by the plaintiff
Know what an affirmative defense is
Defendant’s response to plaintiff’s claim that attacks the plaintiff’s legal right to bring the action rather than attacking the truth of the claim
Know what a compulsory counterclaim
If claim is based on the same set of facts as the complaint, counterclaim must be made with answer
Know what is allowed when answering interrogatories
Allowed to consult with your attorney
Know what the result of McGIl v. BP Exploration
For the foregoing reasons, we affirm the district court’s summary judgment in favor of BP
Know what must be turned over in production of documents
The kinds of information often sought are e-mails, medial bills, business records, and repair bills
Know what happens when a party does not comply with discovery requests
Sanctions/Sanctioned, Have to pay fines, Lose case/parts of case
Judges can strongly encourage the parties in a trial to settle
Judges can strongly encourage the parties in a trial to settle
Attorneys can attempt to challenge any juror they think is biased
Challenged
Know when a judge will declare a mistrial
Jury can’t decide/decide a verdict
Know what a motion for a directed verdict or judgment as a matter of law is
Give me a judgment
Know what compensatory damages are
Damages to try to put the plaintiff back to where they would have been if not the defendant. Not breached the contract/tort
A sum awarded to an injured party that is equivalent to her actual damages or injuries sustained. The rationale is to restore the injured party to the position the party was in before the injury
Know the holding from Clark v. Enchanted Hills Community
For these reasons, we find the trial court’s judgment denying compensatory damages is not against the manifest weight of the evidence
Know what res judicata
Case already been tried, once a case already been tried you cant try again
A rule that prohibits the same dispute between two parties from being relitigated by a court after final judgment has been entered and all appeals exhausted
Know what can happen if you don’t cooperate with Arbitrator’s orders
Can order the uncooperative party to pay fees, compensation, and expenses
Failure to comply results in the loss of a case
Know the holding from Epic Systems v. Lewis
Courts must enforce arbitrations agreements
Three responses to a complaint
Answer
Motion to Dismiss
Counterclaim
Compulsory Counterclaim
Based on the same set of facts or the transactions from the claim
Permissive Counterclaim
On a different set of facts
Can file with an answer
Can file a different lawsuit
