1. interrogatories
2. request for admissions
3. request for production
4. request for mental (or physical) examination
5. depositions

• Depositions may be used for either parties or witnesses.  The other discovery devices may only be sent to the opposing party, and not to witnesses.

• When two parties from different states are involved in litigation for more than the minimum amount set by Federal Statute, the case may be moved from state court to federal court.

• $75,000 (amount may change in the future)

3. Generally, what law is applied in a diversity case?

• Usually, the federal court which hears the diversity case will apply the relevant state law

1. What does jurisdiction mean?

• The power of the court to hear and decide a case
• v

2. What is in rem jurisdiction?

• Jurisdiction the court has over a specific controversy.  The controversy is often property.

3. What is in personam jurisdiction?

• Jurisdiction over a person

4. What is quasi in rem jurisdiction?

• The power of the court to take control or jurisdiction over property, even though the property was not the controversy in litigation.  Often the property will be used to satisfy a judgment in a separate matter.

5. Name at least 3 subject matter jurisdiction courts.

1. Bankruptcy Court
2. Family Court
3. Tax Court
4. Water Court (Colorado)
5. Juvenile Court
6. Small Claims Court
7. etc.

1. What is an opinion?

• The written decision of the court explaining why it reached its decision.

 Name the three basic kinds of opinions which may emanate from an appellate level court.

1. MAJORITY  court can affirm, modify, reverse, remand, or any combination

2. CONNURRING - When a justice agrees with the result of the majority, but arrived at the result for different reasons.

    

   DISSENTING An

    opinion which disagrees with the majority of the court

3. Which is the strongest form of opinion?

• The Majority Opinion

1.  The party who initiates legal action.

2.  The party against whom legal action is brought.

• the defendant

3.  When there are multiple defendants, they are called this.

• co-defendants

5.  When an individual has been served with legal papers, this has occurred.

6.  When the appellate court alters part of a trial court's decision, it modifies the trial court's decision.

7.  To make a formal request to the court.  An attorney may petition the court on behalf of a client.

1.  What are the five major pleadings?

1. Complaint
2. Answer
3. Counterclaim
4. Cross Claim
5. Reply

2.  What document responds to allegations made in the counterclaim?

3.  What document responds to allegations made in the complaint?

THE ANSWER

3.  What document responds to allegations made in the complaint?

THE ANSWER

            -The Answer may contain what other legal assertions?

                -The answer should contain any affirmative defenses, cross claims, or counterclaims

4.  What document responds to claims made in the affirmative defense?

            -Is an affirmative defense a pleading?

                -Even though contained within the Answer, it is not a pleading since it does not make or respond to specific allegations.

1. 5.  What is an affirmative defense?

    

• An affirmative defense admits that an event claimed by the plaintiff did occur, but states that the fault was beyond the control of the defendant, thereby making the defendant not liable.

               -What is the difference between an affirmative defense and a counterclaim?

    -A counterclaim asks for damages since it alleges that the plaintiff damaged the defendant.

                -An affirmative defense does not make allegations against the Plaintiff, so does not seek damages.

6.  When a document is filed with the court, what must the filing party do?

• Send a copy other interested parties, including the defendant. (A certificate of mailing suffices in most cases, except for the complaint and counterclaim.   They require a summons with affidavit of service.)

1. Questioning of potential jurors
2. Questioning potential witnesses to determine their fitness to testify

1.  Voir dire can mean two things.  What are they?

1. Questioning of potential jurors
2. Questioning potential witnesses to determine their fitness to testify

• During the pretrial stage, usually right before the trial begins

3.  In what two manners may a potential juror be dismissed?

CHALLENGE FOR CAUSE

-Dismissing a juror for good cause, such as bias

 

PEREMPTORY CHALLENGE

                -Challenges for which no cause is needed.  Each side is given the same number of peremptory challenges for which they do not need to provide a reason for dismissal of the potential juror.

• The presenting of legal documents upon an individual

3.  Name two documents which should be served with an affidavit of service.

SUMMONS

SUBPOENIA

1.  A summons is usually served with what?

        -What other document is usually served with a summons?

A COUNTERCLAIM 

SINCE IT IS EQUIVALENT TO A COMPLAINT AGAINST THE PLAINTIFF

2.  In order for service to be properly effectuated (or perfected), what document must be filled out and notarized?

• the Affidavit of Service
• AKA

                    -Return of Service or Proof of Service

3.  What does the summons do?

• Notifies the defendant that a suit has been commenced, and that the defendant must respond or appear in a specific amount of time.
• Notifies the defendant that a suit has been commenced, and that the defendant must respond or appear in a specific amount of time.

1.  A document demanding that someone appear and bring documents is a                              .

2.  The place of trial is the venue.

3.  A compromise between parties is a settlement.

4.  The court where evidence is presented and witnesses heard, often with a jury.

5.  The doctrine whereby the court generally follows previous court actions.

6.  A case that is sufficient on its face.

7.  Define probable cause.

• a reasonable basis to believe that a person has committed a criminal offense

8.  This person responds to an appeal.

• the appellee or respondent

9.  The point at which a series of events begin which result in an event in which damages occur.  Looking back, it was the point of no return.

10. The power of a court to decide a case.