Legal Research
This is the source of law at the top of United States hierarchy of law.
The United States Constitution.
This is the most common type of writing lawyers do.
Letters and emails.
In federal court, counterclaims are alleged in the Answer, but in California, counterclaims are brought in a ______________.
Cross-complaint.
Reply briefs do not contain this section.
Statement of Facts.
The only form of oral discovery.
Deposition.
This term/connector is used to search for words in the same paragraph.
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An effective memo will not just lay out the applicable law, but it will also do this.
-Anticipate counterarguments
-Highlight missing facts
- Propose discovery strategy
The part of the complaint where the plaintiff asks for the damages sought.
Prayer for relief.
The type of motion that will dispose of a case if granted.
Dispositive motion (MTD or MSJ).
The three most common forms of written discovery.
RFA, RFP, and ROGs.
A defamation claim filed in the Central District of California would be governed by _____________ law.
State law.
Unlike litigation briefs, internal memoranda must be ____________________.
Objective.
Answers generally contain these three components.
Admissions, denials, affirmative defenses.
An effective point heading will have these three elements.
Persuasive statement of the law
At least one relevant fact
Complete basis for relief
This is what you would use to obtain documents from a third party.
Subpoena.
This would be binding authority in the Northern District if California.
Ninth Circuit or Supreme Court case law
The type of letter written to an opposing party to ask for a resolution or threaten litigation.
Demand letter.
The pleading standard in federal court.
Plausibility.
This document is used to supplement the motion with a witness testimony.
Declaration.
The motion you would file to challenge a subpoena.
Motion to quash.
This would be persuasive authority in the Southern District of New York.
Anything other than Second Circuit case.
Highly specialized letters written by more senior attorneys and common in real estate transactions, tax issues, or corporate matters.
Opinion letters.
These are called motions to dismiss in the federal system but ____________ in California courts.
Demurrers.
This should be a separate document attached to every motion and includes language for the court to sign to grant your motion.
Proposed Order.
The motion you would file to enforce the opposing party to produce documents.
Motion to compel.