Civil Litigation and Pleadings Final Study Guide

Courts of Limited Jurisdiction

Examples include Bankruptcy, juvenile, orphan, and landlord tenant court.

Substantive Law

Defines legal standards and principles.

Procedural Law

Lays out procedures for a claim to be brought and defended against.

How are billable hours calculated?

Billable hours run against a retainer fee.

What are the two types of evidence?

Direct and Circumstantial

What are types of privileged communications?

Attorney client, doctor patient, spousal, and work product privilege.

What are types of remedies demanded in a complaint?

Specific performance and monetary damages.

Writ of Summons

A document issued by a court that notifies a defendant of a lawsuit and compels their appearance in court. It informs the defendant of the claims against them and the time frame to respond. Server then creates Affidavit of Service.

What are the types of denials in answers?

General, specific, and qualified.

Motion to Dismiss

Request that the court strike the cause of action prior to any judgment. Often raised for a failure to state a claim.

Motion for more definite statement

Challenges clarity of complaint

What are methods of discovery? (6)

Depositions, Interrogatories, Request for Prod of Documents, Request for examination, Request for Admission, and Subponeas.

Motion to Compel vs. Protective Order

Asking the court to enforce discovery question vs. asking the court to prevent such evidence from being discovered.

Limits on Discovery

Attorney Client, Work Product, Common Interest, Medical, 5th Amend, Clergy

Objections to Interrogatories

Privilege, unduly burdensome, irrelevant/inadmissible, overbroad, protective order

Protections for Documents

Privilege, unduly burdensome, irrelevant/inadmissible, overbroad, protective order, format issues, inadvertent prod of docs

What is a subpoena and how are they used?

Legal order issued by a court or other legal authority to compel a person to appear. Used to call non party witnesses to a deposition.

Preemptory Challenges

Specified number of juror eliminations without explanation.

Challenges for Cause

No limit to how many jurors are eliminated due to bias, being unfit, or unqualified.

What is included in a trial brief?

Generally contains lists of witnesses, evidence, and citations as well as arguments

What are the types of settlement offers?

Demand letter, written proposal, proposed agreement, proposed consent order, and phone/email.

Motion to shorten or extend time

Request an extension or shortening of time to file

Motion for Summary Judgement

Automatic decision in a party’s favor by showing

1) No dispute to facts,

2) Party loses on claim even if allegations are true,

3) Moving party entitled to judgment

Motion to Strike Appearance

For an attorney to be taken off a case.

Motion for Postponement

When one party desires a proceeding to be postponed and rescheduled for a later date.

Motion for Continuance

Done on record during hearing. Can be used for additional time to call witnesses if not opposed by OC.

Motion for Sanctions

Punish one party for failing to comply with the lawful requests of another party.

Motion to Compel

Force another party to comply with a lawful request.

Motion for Injunctive Relief

To stop opposing party from doing something.

Motion to Vacate Judgment

To vacate a judgment for just reasons such as circumstances outside of the parties’ control.