Chapter 5 - Pleadings - Terminology Flashcards
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
affidavit of service
defense pled by the defendant in the answer that, if proven, denies recovery to the plaintiff
affirmative defense
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
A notice at the end of a pleading indicating that service of the pleading has been made upon a particular party
certificate of service
a lawsuit brought by individuals representing a large group of identifiable members
class action
the document filed by the aggrieved party to commence litigation
complaint
a counterclaim that must be brought by the defendant against the plaintiff or else the defendant will lose the right to assert the claim
compulsory counterclaim
each separate cause of action alleged in a complaint. Each should be numbered.
count
claim in the form of a pleading brought by the def against the plaintiff as part of the same lawsuit
counterclaim
a complaint brought by one codefendant against another
cross-claim
judgment entered against a def who fails to appear and defend against the lawsuit after having been given proper notice of the lawsuit
default judgment
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)
impleader
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.
interpleader
ability of a person to become a part of the lawsuit when such a person has an interest in the outcome of the lawsuit
intervention of right
legal document submitted with a motion setting forth background facts and legal authorities to support a position
memorandum of law
a motion by the def that the plaintiff give more details before the def is required to answer the complaint
motion for a more definite statement
a motion by the def that the complaint filed by the plaintiff be dismissed because of some specified defect
motion to dismiss
a motion to eliminate certain allegations from a complaint
motion to strike
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
notice pleading
a counterclaim that may be brought by the def against the plaintiff but that does not have to be brought in the same action
permissive counterclaim
ability of a person to join a lawsuit if the claims or defenses are similar to the main action
permissive intervention
formal written documents by the parties to the litigation to either start or respond to the litigation.
pleadings
a section at the end of a complaint specifying relief requested by plaintiff
prayer for relief
the requirement that the lawyer has looked in to the law and facts and concluded that there is a sound basis for the pleading
reasonable inquiry
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
recoupment
a doctrine that permits a pleading to be deemed to have been filed at an earlier time.
relation back
plaintiff’s answer to the def’s counterclaim
reply
a doctrine that provides that any judgment is binding on the parties forever. “a thing decided”
res judicata
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.
summons
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)
third-party complaint
method for bringing into an action new parties who may be liable for some or all of the judgment
third-party practice
