Chapter 4 - Round 2 Flashcards
What are the 5 major pleadings?
- Complaint
- Answer
- Counterclaim
- Cross Claim
- Reply
What document responds to allegations made in the complaint?
the Reply
What document responds to allegations made in the complaint?
the Answer
The Answer may contain what other legal assertions?
affirmative defenses, cross claims, or counterclaims
What document responds to claims made in the affirmative defense?
the Reply
Is the affirmative defense a pleading?
Even though contained within the Answer, it is not a pleading since it does not make or respond to specific allegations.
What is an affirmative defense?
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.
What is the difference between an affirmative defense and a counterclaim?
- 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.
When a doc is filed with the court, what must the filing party do?
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.)
What doc initiates a legal action?
The complaint
What is always served upon a defendant with the complaint?
The summons
What is voir dire
- Questioning of potential jurors
2. Questioning potential witnesses to determine their fitness to testify
When does voir dire take place?
Pretrial stage, usually right before the trial begins
What two manners may a potential juror be dismissed?
- Challenge for cause - good cause like bias
2. Peremptory Challenge - no reason
name two docs which should be served with an affidavit of service
- Summons
2. Subpoena (and Subpoena duces tecum)
When serving a subpoena, one is serving it upon a _______
witness
A document demanding that someone appear and bring docs is a ________
subpoena duces tecum
The doctrine whereby the court generally follows previous court actions.
stare decisis
A case that is sufficient on its face
prima facie case
Probable cause is….
a reasonable basis to believe that a person has committed a criminal offense
This person responds to an appeal
the appellee or respondent
The point at which a series of events begin which result in an event in which damages occur.
proximate cause
The power of a court to decide a case.
jurisdiction
5 major discovery devices
- interrogatories
- request for admissions
- request for production
- request for mental (or physical) examination
- depositions
What discovery document contains statements which must be affirmed or disavowed?
Request for Admissions
What does limited discovery mean?
when court rules limit the amount of discovery requests
This discovery doc is comprised of written questions which must be responded to under oath
interrogatories
What discovery devices can be used to obtain information from witnesses?
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
Name at least 3 subject matter jurisdiction courts
bankruptcy court family court tax court water court (colorado) juvenile court small claims court
When there are multiple defendants, they are called this.
co-defendants
When an individual has been served with legal papers, this has occured.
personal service
