Chapter Seven - Introduction to Pleadings Flashcards
Allegations
Statements of fact in the pleadings
Causes of Action
Facts which under substantive law constitute a right to recovery
Claims or Counts
Causes of action in federal practice
Answer
Pleading that responds to each allegation of the complaint or cross-complaint with an admission or denial
Demurrer
Pleading challenging the legal sufficiency of another pleading
Motion to Dismiss
In federal court, a motion challenging a pleading; In state and federal court, a motion to terminate an action
Cross-Complaint
Pleading seeking affirmative relief asserted by a party other than the plaintiff (state) or coparty (federal)
Counterclaim
In federal court, a suit by a defendant against the plaintiff(s)
Third-party Complaint
Cross-complaint in federal court against a third party to the complaint
Cross-defendant
Party who is named as a defendant in a state or federal cross-complaint
Counterdefendant
Plaintiff in a federal case in a counterclaim
Cross-Complainant
One who asserts a cross-complaint or cross-complaints
Real Party in Interest
The person who has the right to sue under substantive law
Standing
The right of the plaintiff to sue under substantive law
Capacity
The ability to sue or defend in California courts
Statutory Persons
Entities created by law; such as corporations; limited liability companies (LLCs); and limited liability partnerships (LLPc)
Qualify to do Business
Compliance with state statutes concerning corporate formalities, justifying use of courts
Compulsory Joinder
Causes that must be brought in a single lawsuit
Permissive Joinder
Issues that may be joined in a single lawsuit at the discretion of the court
