Term
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Definition
FORMAL WRITTEN DOCUMENTS BY WHICH THE PARTIES TO THE LITIGATION EITHER START OR RESPOND TO A LAWSUIT.
THE PLEADINGS STATE CLAIMS OR DEFENSES |
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Term
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Definition
| FAIR JUDICIAL PROCEEEDINGS GUARANTEED IN THE U.S. CONSTITUTION AND THE NC CONSTITUTION. |
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Term
| FEDERAL RULES OF CIVIL PROCEDURE |
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Definition
RULES THAT CONTROL PLEADINGS IN THE FEDERAL COURT SYSTEM.
FOUND IN LAW.CORNELL.EDU |
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Term
| NC RULES OF CIVIL PROCEDURE |
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Definition
| RULES THAT GOVERN COURT PROCEEDINGS FOUND IN THE NCGA STATUTES CH. 1A |
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Term
| GENERAL RULES OF PRACTICE FOR THE SUPERIOR AND DISTRICT COURTS |
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Definition
| 2ND LAYER OF RULES CREATED BY THE SUPREME COURT OF NC. 7A-34. |
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Term
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Definition
| RULES FOR EACH COUNTY/JURISDICTION. FOR PITT COUNTY FIND THEM AT NCCOURTS.ORG |
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Term
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Definition
RULE 8(a) SHORT AND PLAIN STATEMENTS;
THIS PLEADING PUTS THE PARTIES AND COURT ON NOTICE. |
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Term
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Definition
NEED TO PLEAD THE FACTS BEFORE YOU WERE ALLOWED TO PROVE IT IN COURT.
NC NO LONGER A FACT PLEADING STATE. |
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Term
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Definition
IT SETS FORTH THE DIVISION OF THE COURT IN WHICH THE ACTION IS FILED, TITLE SETS FORTH THE ACTION.
EX. COMPLAINT, DEMAND FOR JURY TRIAL |
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Term
| ADOPTION/INCORPORATION BY REFERENCE |
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Definition
| Where a secondary material is incorporated into the first. |
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Term
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Definition
| A COVER SHEET THAT PROVIDES INFORMATION ABOUT THE PLEADING THAT IS FILED WITH THE COMPLAINT/ANSWER ETC. |
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Term
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Definition
| A DOCUMENT FILED BY THE PLAINTIFF TO COMMENCE A LAWSUIT |
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Term
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Definition
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Term
| JURISDICTIONAL ALLEGATIONS |
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Definition
| THE PARTS OF A COMPLAINT THAT STATE FACTS SUPPORTING THE AUTHORITY OF A COURT TO HEAR A CASE. FED. RULE 8(a)SPECIFICALLY REQUIRES JURISDICTION ALLEGATIONS |
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Term
| CAUSE OF ACTION ALLEGATIONS |
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Definition
| PARTS OF THE COMPLAINT THAT STATE THE FACTS AND THE ELEMENTS THAT SUPPORT YOUR CASE |
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Term
| PATTERN JURY INSTRUCTIONS |
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Definition
| CREATED BY A COMMITTEE OF JUDGES TO PROVIDE THE LANGUAGE USED BY JUDGES TO INSTRUCT A JURY REGARDING THE LAW AND WHAT THEY MUST FIND. |
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Term
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Definition
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Term
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Definition
| NATURAL AND LOGICAL CONSEQUENCES OF A WRONGFUL ACT SUCH AS PAIN AND SUFFERING; LOSS OF LIFE ENJOYMENT; HUMILIATION. |
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Term
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Definition
| THESE NEED TO BE "AVERRED"/ STATED. THEY NEED TO BE PLEADED WITH PARTICULARITY EX. LOST WAGES, MEDICAL EXPENSES, REPAIR COSTS. |
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Term
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Definition
| COMPENSATION FOR LOSSES RESULTING FROM INJURIES CAUSE BY ANOTHER. |
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Term
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Definition
THE AMOUNT AWARDED BEYOND ACTUAL DAMAGES TO PUNISH THE DEFENDANT FOR BAD CONDUCT.
THESE MUST BE PLEADED WITH PARTICULARITY ALSO. |
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Term
| UPON INFORMATION AND BELIEF |
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Definition
| IT IS NOT A FACT WITHIN OUR ABILITY TO KNOW, BUT WE HAVE REASON TO "BELIEVE" IT IS TRUE |
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Term
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Definition
| THIS IS A PRAYER FOR RELIEF. FALLS UNDER RULE 8(a)(2). |
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Term
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Definition
| YOU WRITE "THIS AMOUNT IS IN EXCESS OF $10,000 TO TELL THE COURT YOU NEED TO TRY THE CASE IN SUPERIOR COURT |
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Term
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Definition
| TO DO A CERTAIN ACTION ORDERED BY THE COURT. EX. RETURN THE VASE, GIVE OVER THE DEEDED LAND, ETC. |
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Term
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Definition
| A COURT ORDER TO STOP DOING SOMETHING |
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Term
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Definition
| ANY PARTY CAN DEMAND A TRIAL BETWEEN COMMENCEMENT OF AN ACTION AND UP TO 10 DAYS AFTER THE SERVICES OF THE LAST PLEADING. THIS IS A REQUEST FOR A JURY TRIAL PUT IN A PLEADING. |
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Term
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Definition
| TO GIVE UP YOUR RIGHT TO SOMETHING |
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Term
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Definition
| SCRIPT MEANS TO SIGN; SUB MEANS UNDER. A SIGNATURRE IS NEEDED AT THE BOTTOM OF A COMPLAINT/PLEADING. |
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Term
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Definition
| A PUNISHMENT IMPOSED FOR INCORRECT FILINGS OF COMPLAINTS AND PLEADINGS. EX. A FINE, COSTS TO CLIENT, COST TO ATTORNEYS |
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Term
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Definition
| IT IS AN AFFIDAVIT ON THE PLEADING STATING THAT THE STATEMENTS IN THE COMPLAINT OR PLEADING ARE TRUE. |
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