Module 2: Beginning the Lawsuit Flashcards

1
Q

4 Aspects of a Complaint

A

1) Jurisdiction (how the court has jurisdiction over the defendants and subj matter)
2) Wrongful Acts
3) Cause of Action
4) Prayer for Relief

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2
Q

Ex cause of action in contract case

A

Breach of contract

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3
Q

Ex cause of action in a discrimination case

A

which antidiscrimination statutes were violated

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4
Q

Prayer for relief

A

Final part of the Complaint in which the plaintiff requests a particular remedy

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5
Q

What do plaintiffs usually request in a prayer for relief

A

sum of money for damages

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6
Q

In a complaint, what comes after listing each cause of action

A

Explanation of how the acts fit the requirements for the COA

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7
Q

T/F: The request for relief is only after the last COA

A

False - the request for relief is repeated for each cause of action

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8
Q

T/F: The prayer for relief may vary slightly among the different causes of action

A

True

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9
Q

A copy of the complaint must be served to the defendant w/in ___ days of filing

A

60

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10
Q

T/F: Generally, In order to serve someone, the papers must be physically handed to the defendant

A

Yes

*exceptions =?

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11
Q

Upon service, what document must be filed with the court

A

“Proof of service” document

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