Chapter 4: Drafting The Complaint Flashcards
What is Capacity?
Requirements of age, competency, and so on, for a party to be allowed to sue or be sued.
What is Cause of Action?
Statement of the claim upon which relief may be granted in an action.
What is Class Action?
Lawsuit filed by individuals with a common interest.
What is CM/ECF (Case Management/Electronic Case Filing)?
Electronic filing system used in the federal court system.
What is a 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.
What is the 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.
What are Exemplary (Punitive) Damages?
Damages awarded to a plaintiff beyond actual loss as punishment for conduct of the defendant that is particularly aggravated.
What is 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.
What are 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.
What is a Guardian Ad Litem?
A representative for a party who lacks the legal capacity to sue or be sued; serves for the duration of the action.
What is an Interpleader?
The joining of those parties that have the same claim against a third party; done to limit the liability of the third party.
What is the Joinder of Parties?
The uniting of parties making claims or defending against an action as co-plaintiffs or co-defendants.
What is a Mandatory Injunction?
A requirement that the defendant perform conduct specified by the court.
What is a Notice Pleading?
Abbreviated form of pleading authorized by the Federal Rules of Civil Procedure and parallel state rules.
What are 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.
What is a Prohibitory Injunction?
An order that informs a defendant to refrain from a specific course of conduct.
What is a Real Party in Interest?
The one who has the right to sue by law- for example, the injured party or legal representative of that party.
What are 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.
What is 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.
What is Standing to Sue?
Requirement that only plaintiffs who suffer or will suffer real or direct injury may sue.
