Chapter 4 - Round 2

Question 1

What are the 5 major pleadings?

Answer 1

1. Complaint
2. Answer
3. Counterclaim
4. Cross Claim
5. Reply

Question 2

What document responds to allegations made in the complaint?

Answer 2

the Reply

Question 3

What document responds to allegations made in the complaint?

Answer 3

the Answer

Question 4

The Answer may contain what other legal assertions?

Answer 4

affirmative defenses, cross claims, or counterclaims

Question 5

What document responds to claims made in the affirmative defense?

Answer 5

the Reply

Question 6

Is the affirmative defense a pleading?

Answer 6

Even though contained within the Answer, it is not a pleading since it does not make or respond to specific allegations.

Question 7

What is an affirmative defense?

Answer 7

An affirmative defense admits that an event claimed by the plaintiff did occur, but states that the fault was beyond the control of the defendant, thereby making the defendant not liable.

Question 8

What is the difference between an affirmative defense and a counterclaim?

Answer 8

• A counterclaim asks for damages since it alleges that the plaintiff damaged the defendant.
• An affirmative defense does not make allegations against the Plaintiff, so does not seek damages.

Question 9

When a doc is filed with the court, what must the filing party do?

Answer 9

Send a copy to other interested parties, including the defendant. (A certificate of mailing suffices in most cases, except for the complaint and counterclaim. They require a summons with affidavit of service.)

Question 10

What doc initiates a legal action?

Answer 10

The complaint

Question 11

What is always served upon a defendant with the complaint?

Answer 11

The summons

Question 12

What is voir dire

Answer 12

1. Questioning of potential jurors

2. Questioning potential witnesses to determine their fitness to testify

Question 13

When does voir dire take place?

Answer 13

Pretrial stage, usually right before the trial begins

Question 14

What two manners may a potential juror be dismissed?

Answer 14

1. Challenge for cause - good cause like bias

2. Peremptory Challenge - no reason

Question 15

name two docs which should be served with an affidavit of service

Answer 15

1. Summons

2. Subpoena (and Subpoena duces tecum)

Question 16

When serving a subpoena, one is serving it upon a _______

Answer 16

witness

Question 17

A document demanding that someone appear and bring docs is a ________

Answer 17

subpoena duces tecum

Question 18

The doctrine whereby the court generally follows previous court actions.

Answer 18

stare decisis

Question 19

A case that is sufficient on its face

Answer 19

prima facie case

Question 20

Probable cause is….

Answer 20

a reasonable basis to believe that a person has committed a criminal offense

Question 21

This person responds to an appeal

Answer 21

the appellee or respondent

Question 22

The point at which a series of events begin which result in an event in which damages occur.

Answer 22

proximate cause

Question 23

The power of a court to decide a case.

Answer 23

jurisdiction

Question 24

5 major discovery devices

Answer 24

1. interrogatories
2. request for admissions
3. request for production
4. request for mental (or physical) examination
5. depositions

Question 25

What discovery document contains statements which must be affirmed or disavowed?

Answer 25

Request for Admissions

Question 26

What does limited discovery mean?

Answer 26

when court rules limit the amount of discovery requests

Question 27

This discovery doc is comprised of written questions which must be responded to under oath

Answer 27

interrogatories

Question 28

What discovery devices can be used to obtain information from witnesses?

Answer 28

depositions may be used for either parties or witnesses. The other discovery devices may only be sent to the opposing party, and not to witnesses

Question 29

Name at least 3 subject matter jurisdiction courts

Answer 29

bankruptcy court
family court
tax court
water court (colorado)
juvenile court
small claims court

Question 30

When there are multiple defendants, they are called this.

Answer 30

co-defendants

Question 31

When an individual has been served with legal papers, this has occured.

Answer 31

personal service