Chapter 4 - Drafting a Complaint Flashcards
Due process of law
Fair, prescribed judicial proceedings that must be followed before a person may be deprived of life, liberty, or property; guaranteed by the Constitution.
Pleadings
Formal documents filed in a lawsuit that inform all parties of the basis for and defenses to the lawsuit; normally include the complaint, answer, counterclaim and reply, answer to cross-claim, and third-party complaint and answer.
Complaint
The formal document used to commence a lawsuit; tolls the statute of limitations, identifies parties, and states the cause of action the plaintiff alleges against the defendant.
Plaintiff
The party bringing the lawsuit.
Defendant
The party being sued for an alleged wrong.
Real party in interest
The one who has the right to sue by law.
Standing to sue
Requirement that only plaintiffs who suffer or will suffer real or direct injury may sue.
Capacity
Requirements o age, competency, and so on, for a third party to be allowed to sue or be sued.
Guardian ad litem
Representative for a party who lacks the legal capacity to sue or be sued; serves for the duration of the action.
Joinder of parties
The uniting of parties making claims or defending against an action as co-plaintiffs or co-defendants.
Interpleader
The joining of those parties that have the same claim against a third party; done to limit the liability of the third party.
Class action
A suit by or against an entire class - whose members are too numerous for a joinder - represented by one or a few individuals.
Cause of action
Statement of the claim upon relief may be granted in an action.
Fact pleading
The requirement that the body of a pleading state in detail the facts in support of each element of the rule of law or claim.
Notice pleading
Abbreviated form of pleading authorized by the Federal Rules of Civil Procedure and parallel state rules.
General damages
Damages that are a natural and direct result of the defendant’s wrong, such as pain and suffering, humiliation, and loss of enjoyment of life.
Special damages
Damages that are incurred because of the defendant’s wrong and the actual result of the injury, but not the necessary result, such as medical bills, lost wages, or property loss.
Exemplary (punitive) damages
Damages awarded to a plaintiff beyond actual loss as punishment for conduct of the defendant that is particularly aggravated.
Prohibitory injunction
Order that informs a defendant to refrain from a specific course of conduct.
Mandatory injunction
Requirement that the defendant perform conduct specified by the court.
Specific performance
In breach of contract cases, the requirement of the offending party to fulfill specific terms of the contract regarding a unique piece of property.
