Chapters 7-11

Question 0

Causes of action

Answer 0

Facts which under substantive law constitute a right to recovery.

Question 1

Allegations

Answer 1

Statement of fact in the pleadings.

Question 2

Answer

Answer 2

Pleading that responds to each allegation of the complaint or cross-complaint with an admission or denial.

Question 3

Motion to dismiss

Answer 3

In federal court, a motion challenging a pleading.

Question 5

Cross-complaint

Answer 5

Pleading seeking affirmative relief asserted by a party other than the plaintiff (state) or coparty(federal)

Question 6

Counterclaim

Answer 6

In federal court, a suit by a defendant against the plaintiff(s)

Question 7

Real party in interest

Answer 7

The person who has the right to use under substantive law.

Question 8

Cross-complainant

Answer 8

One who asserts a cross-complaint(s)

Question 9

Standing

Answer 9

The right of the plaintiff to use under substantive law.

Question 10

Capacity

Answer 10

The ability to use or defend in California courts

Question 11

Statutory persons

Answer 11

Entities created by law such as corporations

Question 12

2 types of JOINDER:

Answer 12

Compulsory - mandatory - join cases all together. causes that must be brought in a single lawsuit.

Permissive- issues that maybe joined in a SINGLE lawsuit at the discretion of the court

Question 13

3 parts of a compliant:

Answer 13

Caption
Body
Prayer

Question 14

Admission

Answer 14

Statement of truth or fact

Question 15

General denial

Answer 15

Answer that denies all allegations of the unverified complaint or cross-complaint

Question 16

Specific denial

Answer 16

Answer that admits or denies each allegation of the complaint or cross-complaint

Question 17

Affirmative defenses

Answer 17

Affirmative allegations made in an answer to contradict the facts or legal theories alleged by the complaint or cross-complaint

Question 18

Caption

Answer 18

Portion of the pleading paper or official document which contain the identification of the parties, case number and document title

Question 19

Et al

Answer 19

Latin for “and others” used to indicated additional parties in a case name

Question 20

Case number

Answer 20

The number assigned by the court clerk to the complaint when it is filed for the first time

Question 21

“Doe” defendants

Answer 21

Defendants who are names only as “does” in the caption and pleading because their identities are unknown at the time of pleading

Question 22

Statute of limitations

Answer 22

Time within which matters must be filed or all right be forfeited

Question 23

Verified

Answer 23

Under oath

Question 24

Verification

Answer 24

Document that certifies the truth of a pleading or discovery responses under oath

Question 25

4 methods of service:

Answer 25

1. Personal - service of summons on the defendant by personal delivery
2. Substituted - service of summons on the defendant by personal delivery to a person at the defendants home or place of business followed by mail service.
3. Acknowledgment & receipt - mail service of summons including a form to be returned by the defendant indicating receipt.
4. Publication - when all else fails. Notice gets published in the newspaper

Question 26

2 types of CROSS-COMPLAINT

Answer 26

1. Compulsory cross-complaint: claims that must be brought in the same action as those the complaint.
2. Permissive cross-complaint: non-compulsory JOINDER of claims by cross-complaint

Question 27

Proof of service

Answer 27

Document establishing method and date of service of pleading or other document

Question 28

Amended pleading

Answer 28

Pleading that replaces a previous pleading which may add facts, causes of action or parties

Question 29

Amendment

Answer 29

Supplemental portion of pleading to be added to original pleading

Question 30

Leave of court

Answer 30

Permission or order of court

Question 31

Ex parte

Answer 31

Action taken without the presence of another party

Question 32

Demurrer

Answer 32

Pleading challenging the legal sufficiency of another pleading.

Question 33

General demurrer

Answer 33

Challenge to the pleading asserting that the court has no jurisdiction in the matter

Question 34

Special demurrer

Answer 34

Non jurisdictional challenge to the sufficiency of the pleading.

Brought only in unlimited civil cases