Civ Pro Flashcards
What is “Adjudication”?
When a decision is made on a case, resolving the underlying dispute.
What is an “Affidavit”?
A written statement about facts made under oath.
What is “Affirm”?
Validation; to confirm the lower court’s decision in regards to appeal. Also used by non-religious persons instead of ‘swear’ during an oath.
What is an “Affirmative Defense”?
A claim by the defendant that removes the liability.
What is “Amended Pleading”?
When a claim (pleading) is altered using rule 15 of FRCP. Can change the defense, claim, or alleged facts.
What is “Answer”?
A response to a complaint made by the defendant.
What is an “Appeal”?
When a person is unsatisfied with the result of their case and they try to go the next higher court.
What is “Cause of Action”?
Why the complaint got to the court.
What is “Complaint”?
The initial filing that starts a lawsuit.
What is “Counter/cross claim”?
When the defense uno-reverses an complaint against the OG person/new guy.
What is “Default”?
When the person fails to respond to a pleading, thus auto-lose.
What is “Demurrer”?
Claim by the defendant that says the facts are true, but the plaintiff has no legal remedy.
What is “Denial”?
An answer by the defense where they say the plaintiff’s claims are wrong.
What is “Injunction”?
A court telling a person to stop doing something.
What is “Interrogatory”?
Written questionnaire for testimony regarding a case.
What is “Discovery”?
The third stage in a suit, following complaint and answer. Sides exchange information regarding suit.
Who is the VP of Buffalo Mining Co.?
Steve Dasovich (Steve dat’s-a-bitch)
Who is the Chief Engineer of the Bufflo Mining Co.?
James Yates
Who was sued in the Buffalo mining accident?
Pittson Company, a NY based Co., to get federal jurisdiction.
What is the federal limits of jurisdiction over a state issue?
Same limits as the state itself.
What is rule 12(b)(2)?
Personal jurisdiction.
What is the five factors of fairness for jurisdiction?
The five fairness factors are (1) the burden on the defendant, (2) the plaintiff’s interest in obtaining effective relief, (3) the interest of the forum state, (4) the policies of other states or nations, and (5) the judicial system’s interest in efficiency.
