quiz 3 Flashcards
Special Appearance
a temporary appearance authorized by the Rules of Civil Procedure that allows a defendant to contest a court’s personal jurisdiction without submitting to it through the challenge
Removal
the transfer of a case from a state court to a federal court
Exhibit
a document attached to a pleading that is incorporated by reference into the body of the pleadings
Bad Faith
a claim that a party to litigation is interposing legal claims or making other allegations not based on fact, but out of desire to harass, intimidate, or otherwise waste the court´s time
Counterclaim
a claim by the defendant against the plaintiff where the defendant seeks damages
Compulsory Counterclaim
a claim by the defendant against the plaintiff that must be raised in the case or it will be barred
Permissive Counterclaim
a claim by the defendant against the plaintiff that may be raised in the case,, it may also be brought as a separate action
Reply
the responsive pleading, provide in rule 7, to a counterclaim
12(b)(6) motion
a motion under the provisions of Rule 12 of the Rules of Civil Procedure that challenges the basis of the complaint for failure to state a claim upon which relief can be granted
Cross claim
a claim by one party against another party on the same side of the action,, for example, a plaintiff against another plaintiff or a defendant against a co defendant
Impleader
the involuntary addition of a new party to the litigation, a party without whom all issues raised in the case could not be resolved
Interpleader
the deposit of contested funds with the court, followed by the removal of the filing party from other action in the suit
Intervention
the voluntary insertion of a third party into a pending civil action, often to resolve issues directly related to the third party’s interests
Class Action
a lawsuit involving a large group of plaintiffs who have been certified by a court as having mutual interests, common claims, and a representative plaintiff who will pursue the action on the basis of the entire group
Evidence
any fact, testimony, or physical object that tends to prove or disprove allegations raised in a case
Admissibility
a ruling on whether the jury will be allowed to view proffered evidence
Sustain
a judge’s ruling in agreement with the party who raised the objection
Overrule
a judge’s ruling in disagreement with the party who raised the objection
Tendering
the process of seeking admissibility of a particular item of evidence
Direct Evidence
evidence that establishes a particular fact without resorting to other testimony or evidence
Circumstantial Evidence
evidence that suggest a conclusion
Testimonial Evidence
Oral statements made by a witness under oath
Authentication
proof that evidence is what it is claims to been
Judicial Notice
the authority of a judge to agree that certain facts are true without the necessity of proof
