Civil Procedure Flashcards
What does Forum Non Conveniens allow a court to do?
Refuse to hear a case if there is a more convenient forum
This doctrine is often invoked to dismiss cases that would be better suited in another jurisdiction.
What is a Demurrer?
A pleading that objects to or challenges the pleading of an opposing party
It is a formal response that does not address the facts but argues that even if the facts are true, there is no legal basis for a lawsuit.
What does Quash mean in legal terms?
To void or object, commonly by legal procedure
This action is often taken to nullify a subpoena or a court order.
What is the purpose of Anti-SLAPP legislation?
To provide a remedy for a SLAPP lawsuit by requiring the plaintiff to show a probability he will prevail
SLAPP stands for Strategic Lawsuit Against Public Participation, which aims to silence critics through legal action.
What is a Misnomer?
A wrong or inaccurate name
In legal contexts, this may refer to the incorrect naming of a party in a lawsuit.
What does Fictitious Doe Defendant refer to?
The designation used in a complaint when one does not know the name or identity of a defendant
Once the true name is discovered, it can be substituted in the legal proceedings.
What does it mean to Predominate in a legal context?
To be the strongest or main element
This term often relates to the dominant issue in a case.
What is a Deposition?
A discovery device to obtain out-of-court oral testimony of a witness, under oath
Depositions are used to gather information before a trial.
What are Interrogatories?
A formal set of written questions one party sends to another as part of discovery
These questions must be answered in writing and under oath.
What does Meritorious mean in legal terms?
Likely to succeed on the merits of a case
This term indicates that a claim has sufficient grounds to proceed.
