Chapters 7-11 Flashcards
Causes of action
Facts which under substantive law constitute a right to recovery.
Allegations
Statement of fact in the pleadings.
Answer
Pleading that responds to each allegation of the complaint or cross-complaint with an admission or denial.
Motion to dismiss
In federal court, a motion challenging a pleading.
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)
Real party in interest
The person who has the right to use under substantive law.
Cross-complainant
One who asserts a cross-complaint(s)
Standing
The right of the plaintiff to use under substantive law.
Capacity
The ability to use or defend in California courts
Statutory persons
Entities created by law such as corporations
2 types of JOINDER:
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
3 parts of a compliant:
Caption
Body
Prayer
Admission
Statement of truth or fact
General denial
Answer that denies all allegations of the unverified complaint or cross-complaint
Specific denial
Answer that admits or denies each allegation of the complaint or cross-complaint
Affirmative defenses
Affirmative allegations made in an answer to contradict the facts or legal theories alleged by the complaint or cross-complaint
Caption
Portion of the pleading paper or official document which contain the identification of the parties, case number and document title
Et al
Latin for “and others” used to indicated additional parties in a case name
Case number
The number assigned by the court clerk to the complaint when it is filed for the first time
“Doe” defendants
Defendants who are names only as “does” in the caption and pleading because their identities are unknown at the time of pleading
Statute of limitations
Time within which matters must be filed or all right be forfeited
Verified
Under oath
Verification
Document that certifies the truth of a pleading or discovery responses under oath
