Chapter 5 - Pleadings - Terminology

Question 1

a notice at the end of the pleading stating that the service of the pleading has been made upon a particular party and including the notarized signature of the individual signing the notice

Answer 1

affidavit of service

Question 2

defense pled by the defendant in the answer that, if proven, denies recovery to the plaintiff

Answer 2

affirmative defense

Question 3

a response by the defendant to the plaintiff’s complaint, which response admits or denies the various allegations and usually asserts a number of affirmative defenses

Answer 3

answer

Question 4

A notice at the end of a pleading indicating that service of the pleading has been made upon a particular party

Answer 4

certificate of service

Question 5

a lawsuit brought by individuals representing a large group of identifiable members

Answer 5

class action

Question 6

the document filed by the aggrieved party to commence litigation

Answer 6

complaint

Question 7

a counterclaim that must be brought by the defendant against the plaintiff or else the defendant will lose the right to assert the claim

Answer 7

compulsory counterclaim

Question 8

each separate cause of action alleged in a complaint. Each should be numbered.

Answer 8

count

Question 9

claim in the form of a pleading brought by the def against the plaintiff as part of the same lawsuit

Answer 9

counterclaim

Question 10

a complaint brought by one codefendant against another

Answer 10

cross-claim

Question 11

judgment entered against a def who fails to appear and defend against the lawsuit after having been given proper notice of the lawsuit

Answer 11

default judgment

Question 12

the method for bringing into an action new parties who may be liable to a def for some or all of the judgment that the plaintiff may obtain against the def. (third-party complaint)

Answer 12

impleader

Question 13

procedure under which a party may deposit into court a fund or property when the party is or may be subject to double liability because two or more claimants are making a claim on a fund or property. Claimants then are forced to litigate their claim in order to determine who is entitled to the fund or property.

Answer 13

interpleader

Question 14

ability of a person to become a part of the lawsuit when such a person has an interest in the outcome of the lawsuit

Answer 14

intervention of right

Question 15

legal document submitted with a motion setting forth background facts and legal authorities to support a position

Answer 15

memorandum of law

Question 16

a motion by the def that the plaintiff give more details before the def is required to answer the complaint

Answer 16

motion for a more definite statement

Question 17

a motion by the def that the complaint filed by the plaintiff be dismissed because of some specified defect

Answer 17

motion to dismiss

Question 18

a motion to eliminate certain allegations from a complaint

Answer 18

motion to strike

Question 19

a short and plain statement in the complaint of the claim that the plaintiff seeks to enforce and the relief that the plaintiff is requesting

Answer 19

notice pleading

Question 20

a counterclaim that may be brought by the def against the plaintiff but that does not have to be brought in the same action

Answer 20

permissive counterclaim

Question 21

ability of a person to join a lawsuit if the claims or defenses are similar to the main action

Answer 21

permissive intervention

Question 22

formal written documents by the parties to the litigation to either start or respond to the litigation.

Answer 22

pleadings

Question 23

a section at the end of a complaint specifying relief requested by plaintiff

Answer 23

prayer for relief

Question 24

the requirement that the lawyer has looked in to the law and facts and concluded that there is a sound basis for the pleading

Answer 24

reasonable inquiry

Question 25

a right by the def to have any damages awarded to the plaintiff reduced because of some entitlement by the def to damages from the plaintiff

Answer 25

recoupment

Question 26

a doctrine that permits a pleading to be deemed to have been filed at an earlier time.

Answer 26

relation back

Question 27

plaintiff’s answer to the def’s counterclaim

Answer 27

reply

Question 28

a doctrine that provides that any judgment is binding on the parties forever. “a thing decided”

Answer 28

res judicata

Question 29

notice accompanying the complaint that commands that the def appear and defend against the action within a certain period of time or else judgment may be entered against the def.

Answer 29

summons

Question 30

a complaint by a defendant in the action against a new party, which has the effect of bringing this new party into the action (same as impleader)

Answer 30

third-party complaint

Question 31

method for bringing into an action new parties who may be liable for some or all of the judgment

Answer 31

third-party practice