Term
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Definition
Caption
jurisdiction
cause of action
ad damnum clause (prayer relief)
Subscription |
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Term
| What is a caption or style? |
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Definition
The title, which court it is being filed, names of parties.
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Term
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Definition
List addresses or state
"the plaintiff is not and at all times relevant has been a resident of_____" |
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Term
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Definition
| Negligence, negligence per se, breach of contract, IIED, misrepresentation. |
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Term
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Definition
| Looks like a signature with attys bar #, address and phone #. By signing this, an atty is attesting that the infor is true. |
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Term
| what pleading initiates the inititation process |
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Definition
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Term
| what pleading responds to the complaint |
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Definition
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Term
| where do you find affirmative defenses and cross claims |
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Definition
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Term
| how many lines are on a pleading paper |
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Definition
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Term
| what is another name for cause of action |
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Definition
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Term
| what are 3 elements that make up caption |
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Definition
| title of document, court where it is filed and party names |
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Term
| what is another name for caption |
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Definition
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Term
| what are 5 discovery tools |
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Definition
| interrogs, req for admissions, req for production, req for mental or phsyical exam, deposition |
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Term
| what is the difference between pleadings and discovery |
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Definition
| pleadings are filed with the court and states a parties position, discovery is a pretrial mechanism to expose relevant facts |
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Term
| What is the us district court? |
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Definition
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Term
| If your attorney is arguing a case in the state trial court in your jurisdiction, and you find a relevant case from the Federal Circuit Court in your jurisdiction, what kind of authority would that be? |
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Definition
Primary persuasive
Since the case found is from a different jurisdiction (state v. federal), it would be primary/persuasive authority. |
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Term
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Definition
| a set of rules related to E-Discovery |
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Term
| Which of the following is a form of discovery? |
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Definition
Forms of discovery include:
-Interrogatories
-Request for Admissions
-Request for Production or Inspection of Documents
-Request for Mental or Physical Examination
-Depositions |
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Term
| Requests for Admissions are a collection of: |
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Definition
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Term
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Definition
The generally recognized pleadings are:
-Complaint
-Answer (sometimes including Affirmative Defenses)
-Counterclaim
-Cross Claim
-Reply |
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Term
| The element of the Complaint that asks for damages is the |
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Definition
| Wherefore Clause, Prayer for Relief, and Ad Damnum Clause are all the same thing. They specify the relief being sought of the court |
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Term
| Which of the following is a pleading? |
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Definition
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Term
| Which of the following is a pleading? |
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Definition
| Answer (sometimes including Affirmative Defenses) |
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Term
| Which of the following is a pleading? |
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Definition
-Counterclaim or cross claim
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Term
| Which of the following is a pleading? |
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Definition
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Term
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Definition
| selected cases and annotations of the cases it publishes |
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Term
| Which of the following is a function of Shepard’s?: |
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Definition
validates authority
provides parallel citations
leads to additional authority |
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Term
| Digests are primarily published by: |
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Definition
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Term
| Which of the following is a function of KeyCite |
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Definition
| The most critical function of KeyCite is that it validates authority. However, it also provides parallel citations if the case has been published in multiple publications, and because the citations within the KeyCite results page are quoting the case being validated, they probably deal with similar issues. In this way, it leads to additional authority |
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Term
| digests act as an index to |
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Definition
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Digests are a collection of headnotes arranged in topical order. It acts as an index to case law. Well, you would never quote an index. You would quote the authority it is indexing, in this instance, cases. Thus, since you would never quote digests, they are non-authority.
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Term
| does hearsay include a persons conduct |
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Definition
| no, Only statements (oral or written) can be hearsay. |
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Term
| When conducting investigation, a paralegal is primarily concerned with finding: |
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Definition
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Term
| In a citation, the cite published by a private company is the: |
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Definition
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Term
| In a citation, which of the following would be considered primary authority? |
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Definition
| Both the official and unofficial cites contain primary authority (cases, statutes, etc.). Official v. unofficial only refers to who publishes the book. Official/unofficial has no relationship to primary/secondary. |
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Term
| What kind of a document is a contract |
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Definition
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Term
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Definition
| a PLEADING that initiates litigation |
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Term
| What form are discovery documents in |
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Definition
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Term
| Is US federal trial court and us district court the same thing? |
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Definition
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