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Cards In This Set
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The American courts follow what system of justice?
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Adversarial system
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What is the adversarial system?
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Each client is represented by an attorney although a client is allowed to represent him or herself
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Why does the American Court system follow procedural rules?
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To ensure due process
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What is it called when you represent yourself in court?
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Pro-se
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The American court system is developed around? and what does it require?
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The common law concept of "due process" which requires adequate notice and a fair and impartial hearing
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You have to engage a lawyer to represent you in court (that is, you cannot represent yourself). (true/false)
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False
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What are the stages of Litigation?
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-Pleadings
-Discovery -Pre-Trial -Trial -Post- Trial |
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What happends during pleadings (in a civil case)?
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•In a civil case, the pleadings inform each party of the other’s claims and specify the issues. The pleadings consist of a complaint and an answer.
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What is in the Plaintiff's Complaint?
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•The complaint (or petition or declaration) is filed with the clerk of the trial court. It contains a statement alleging jurisdictional facts; a statement of facts entitling the complainant to relief; and a statement asking for a specific remedy.
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What do they do with the copy of the Plaintiff's complaint?
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•A copy of the complaint and a summons is served on the party against whom the complaint is made.
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If an Individual is being served, how does one go about serving them?
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- Personal
-Handing it to defendant -Leaving it at residence or place of business -When defendant cannot be reached: special rules -Secretary of State -Notice in local newspaper |
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In the Answer to the allegations in the Plaintiff's Complaint the Defendent must...
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-Specifically admit or deny each allegation in the Complaint
- May Counter-Claim against plaintiff |
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What is an Affirmative Defense?
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Defenses in which the defendant essentially claims that even if all of the plaintiff’s allegations are true, the plaintiff cannot win because there is a more powerful law on the defendant’s side that will allow the defendant to win (eg. self-defense)
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Roger files a suit against Brian. Brian responds that it appears from the pleadings the parties do not dispute the facts and the only question is how the law applies to those facts. Brian supports this response with witnesses' sworn statements. This is...
____ a. a motion for judgment on the pleadings. ____ b. a motion for summary judgment. ____ c. a motion to dismiss. |
A.
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What is a Motion to Dismiss?
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A motion normally filed by the defendant in which the defendednt asks the court to dismiss the case for a specified reason, such as Improper service, lack of personal jurisdiction, or the plaintiff's failure to state a claim for which relief can be granted.
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