GLSP 3050 LIT I MIDTERM

complaint

a document filed in court by an aggrieved party to commence litigation

the term Common Law refers to

court decisions

district or trial court

level or type of court where lawsuit is commenced

default

failure of a party to timely respond to the pleading of the opposing party

What is a summons?

A notice that commands the defendant to appear and defend against the action.

What is a citation?

A notice that accompanies a Complaint or Petition.

What does a summons or citation require from the defendant?

To appear and defend against the action within a certain time.

a complaint

a pleading filed by an aggrieved party to commence civil litigation in Federal Court

money damages

in a civil proceeding the most common legal remedy

secretary of state

Information regarding a corporation for purposes of determining the entity's agent for service of process and principal place of business can be obtained from

What is the role of the Secretary of State?

The Secretary of State oversees the registration and regulation of corporations.

What information can be used to determine a corporation's agent for service of process?

Information regarding a corporation's registered agent can be used.

What is meant by 'principal place of business'?

The principal place of business refers to the primary location where a corporation conducts its operations.

an affirmative defense

the type of defense that must be stated clearly and specifically in a defendants answer

Local rules of court

a set of rules which specify particular court procedures and guidelines for a District Court

code of civil procedure

publication which contains rule for civil litigation

plaintiff

which party has the burden of proof in civil litigation involving personal injuries

28:1441

federal statute specifies the procedure for removal of civil actions

prescription or statue of limitations

time period in within which a lawsuit must be filed

Rule 11

federal code of civ pro rule which requires good faith and reasonable inquiry on the part of the lawyer signing a pleading before it's filed

cause of action

theory of recovery that entitles the plaintiff to recover against a defendant

motion for summary judgement

a motion which seeks an order declaring there are no genuine issues of material facts in dispute on an issue

counter claim

a claim in the form of a federal pleading brought by a defendant that has been sued against the plaintiff as part of the same lawsuit

subpoena

a court order compelling a party or non-party to appear or produce documents or other tangible items

The plaintiff

in federal court the party which files and or non-party to appear or produce documents or other tangible items

subject matter jurisdiction

the power of a court to hear particular types of matters

diversity jurisdiction

the power of the federal court to hear controversies between citizens of different states when the claim is for at least 75k