Module 2: Beginning the Lawsuit Flashcards
4 Aspects of a Complaint
1) Jurisdiction (how the court has jurisdiction over the defendants and subj matter)
2) Wrongful Acts
3) Cause of Action
4) Prayer for Relief
Ex cause of action in contract case
Breach of contract
Ex cause of action in a discrimination case
which antidiscrimination statutes were violated
Prayer for relief
Final part of the Complaint in which the plaintiff requests a particular remedy
What do plaintiffs usually request in a prayer for relief
sum of money for damages
In a complaint, what comes after listing each cause of action
Explanation of how the acts fit the requirements for the COA
T/F: The request for relief is only after the last COA
False - the request for relief is repeated for each cause of action
T/F: The prayer for relief may vary slightly among the different causes of action
True
A copy of the complaint must be served to the defendant w/in ___ days of filing
60
T/F: Generally, In order to serve someone, the papers must be physically handed to the defendant
Yes
*exceptions =?
Upon service, what document must be filed with the court
“Proof of service” document