Chapter 7 Flashcards

1
Q

motion

A

a request of the court which is written unless it is done during trial where it can be spoken. looks like a pleading and must be served on opposing parties

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2
Q

movant

A

a person who makes a motion aka moving party

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3
Q

notice of hearing on the motion

A

the part of a written motion that describes the nature of the motion being made and tells when and where a hearing on the otion will occur

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4
Q

declaration

A

a statement under penalty of perjury that certain facts are true or believed to be true

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5
Q

a motion contains

A

the motion, the notice of hearing on the motion. affidavits in support of the motion.a memorandum of points and athorities in support of the motion

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6
Q

memorandum of points and authorities

A

a legal argument in the form of a discussion r analysis of the law that applies to the case

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7
Q

ex parte

A

with only one side present

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8
Q

order shortening time

A

a ruling from the court often in connection with motions allowing a moving party to give less notice of a hearing on a motion than is required by statue

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9
Q

proof of service

A

verification that a pleading motion or other document has been served a copy of the document to another party or attorny

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10
Q

order

A

a written command or direction given by a judge

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11
Q

pretrail motions

A

deal with issues or problems that arise before the trial occurs most often deal with requests that are ancillary to the primary relief requested in the complaint

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12
Q

motion for more definite statement

A

(prm) a motion made in response to a complaint in which the defendant challenges the clarity or specificity of the complaint

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13
Q

motion to dismiss

A

a request that the court terminate the lawsuit immediately without a hearing on the merits of the plaintiffs claim often made in lieu of an answer and if granted eliminates the need for an answer

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14
Q

motion to strike

A

(prm) a request made to the court to delete part or all of the pleadings; can also refer to a request made during trial to delete testimony

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15
Q

motion to amend

A

(prm) a request by one party to the court to allow a change in the content of a pleading

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16
Q

motion for judgement on the pleading

A

(prm) the moving party in such a motion claims that the allegations in the pleadings are such that no contested issues remain and judgement can be entered for only one party

17
Q

motion for change of venue

A

(prm) a request from a party that the court transfer the case to a proper court

18
Q

service

A

(prm) motion made by a defendant who claims that he was improperly served with the summons and complaint

19
Q

motion to quash return of service

A

(prm) if the defendant claims that he was improperly served with the summons and complaint

20
Q

motion to compel

A

(prm) a request by one party to the court for an order requiring the other side to comply with a discovery request

21
Q

motion for a protective order

A

(prm) a motion made during discovery asking the court to limit a discovery request

22
Q

discovery motions

A

(prm) motions going with discovery

23
Q

motion for summary judgement

A

(prm) a motion requesting that judgment be entered immediately because there are no disputed factual issues in the case

24
Q

motion for sanctions

A

(prm) a request to the court from pne party that penalties be imposed on the other party for violating the provisions of rule 11 of gederal rules of civil procedure

25
Q

motions in limine

A

(tm) a motion or request made of the court ussual at the start of the trial and outside the presence of the jury

26
Q

motion for judgment as a matter of law

A

(tm) a motion made during or after a trial in which one party asks the judge to rule in his or her favor because the other side has produced no evidence upon which a judgement can be based; the motion cannot be made until the party against whom the motion is made as intruded all of its evence

27
Q

motion for judgement notwithstanding the verdict

A

(atm) in a jury trial a request from one party that the judge decide the case in that party’s favor on the basis that no facts have been proven that would support a jury’s decision for the other party

28
Q

motion for a new trial

A

(atm) normally made before the judge who presided over the trial grounds for such a motion might include jury impropriety miskate in law or newly discovered evidence

29
Q

motion to tax costs

A

(atm) a motion made after a trial challenging the costs of suit that are claimed by the prevailing party

30
Q

motion for relief from judgement or order

A

a request to the court by one party that the court set aside any judgement order or proceding