CHAPTER 5
Documents that describe the claims and defenses of a lawsuit, including the complaint and the answer to the complaint.
What are pleadings
The part of the pleading (usually at the end) where the party asks the court to either grant or deny some relief
A type of answer in which all of the allegations of the complaint are denied.
What is a general denial
A legal proceeding in which only one party needs to be present.
What is "ex parte"
A party’s request that the court strike or terminate the case prior to any judgment.
What is a motion to dismiss
A signature at the end of a document.
What is a subscription
Statement at the end of a document and under penalty of perjury that the contents of the document are true.
What is a verification
A type of answer in which the defendant specifically replies to each of the contentions alleged in the complaint.
What is a specific denial
Party in a lawsuit who makes a motion
What is a movant
A document that describes the nature of the motion being made and tells when and where a hearing on the motion will occur.
What is a notice of hearing on the motion
A contention or claim made within a pleading, regarding a fact that the party intends to prove at trial.
The heading found in all pleadings, usually identifying the court, the parties, the nature of the pleading, and the docket number
What is the Caption
A type of answer denying all of the allegations of the complaint except those that are specifically admitted.
What is a qualified denial
A statement under penalty of perjury that certain facts are true or believed to be true.
What is a declaration
Action by a court clerk noting that the defendant has failed to file a proper response to the complaint.
What is entry of default
Having the legal ability to do something such as initiating a lawsuit.
What is Capacity
Separate claims stated in one complaint
What is a Count
In a civil lawsuit, a claim for some relief made by a defendant against the plaintiff.
What is a counterclaim
A legal argument in the form of an explanation and analysis of the law that applies to the case.
A written statement sworn to under penalty of perjury before a notary or other person permitted by law to administer an oath.
What is an affidavit
A party who should be included or named in a lawsuit; in federal court, Federal Rule of Procedure 19 sets out the criteria for compulsory joinder of parties
What is Compulsory Joinder
Defendants in a lawsuit who are not identified by their correct names; usually refers to the practice in some state courts of including several “Does” as defendants to provide for discovery of additional defendants after the statute of limitations has run
What are "fictitiously named defendants"
An agreement between parties or their attorneys that a defendant need not answer a complaint within the time directed by law and need not answer until specifically notified by the plaintiff to do so.
What is an open stipulation
Verification that a copy of a pleading, a motion, or other document has been served to another party or attorney
What is proof of service or certificate of service
A motion made during discovery asking the court to limit a discovery request.
What is a motion for protective order
A person who must be joined in the lawsuit and whose absence makes it impossible for a court to render a judgment.
What are indispensable parties
A lawsuit brought by a limited number of parties on behalf of themselves and other persons with the same or similar issues.
What is a class action
Facts alleged by a defendant in an answer, which if proven, defeat plaintiff’s claim, even if plaintiff can prove all the elements of his or her cause of action.
What is an affirmative defense
A judge’s ruling in response to a motion.
What is an "order"
A motion made in some state courts after a jury verdict; a request from one party that the judge reverse the jury’s verdict against that party and enter a different judgment in that party’s favor
What is motion for judgment notwithstanding the verdict
A person who is appointed by the court to represent a party in a lawsuit, where the party lacks the capacity to file the action; guardians ad litem are usually appointed for minors or those who are mentally incapacitated
What is guardian ad litem
A concept allowing multiple parties to be joined in one lawsuit as plaintiffs or defendants as long as there is some common question of fact or law.
What is a permissive joinder
A defendant’s claim against a plaintiff that must be brought in the lawsuit or is forever barred; one that is based on the same subject or transaction as the original claim
What is a compulsory counterclaim
A request by one party to the court to allow a change in a pleading.
What is a Motion to Amend
A motion made after a trial requesting that the judge set aside the verdict or judgment and grant a new trial to the parties.
What is a Motion for a new trial
An award of money damages that compensates the plaintiff for actual loss, including pain and suffering.
What are compensatory damages
Damages that punish a defendant for intentional or malicious conduct that causes injury
What are punitive or exemplary damages
A defendant’s claim against a plaintiff that a defendant is allowed but not required to make; one that is not necessarily related to the plaintiff’s claim
What is a permissive counterclaim
Motion made by defendants who claim that they were improperly served with the summons and complaint.
What is a Motion to Quash the return of the service or Motion to Quash Summons
A request to the court by one party that the court relieve a party from any judgment, order, or proceeding.
What is a motion for relief from a judgment or Order
A court order requiring a person to fulfill his or her promises in a contract.
What is specific performance
A judicial remedy other than money damages, such as specific performance of a contract or an injunction.
What is equitable relief
In a civil lawsuit, a claim made by one defendant against another related to the plaintiff’s claims.
What is a cross-claim
A request from a party that the court transfer the case to another geographical location.
What is a motion for change of venue
A motion made after a trial challenging the costs of suit that are claimed by the prevailing party.
What is a Motion to Tax Costs
A type of action in which a party deposits money or property in the court because, although the party clearly owes money or the return of property, the parties to whom it is owed is unclear; after the property is deposited, the court determines its proper distribution.
What is an interpleader
Returning property to the original owner where fairness requires that it be done.
What is restitution
A complaint brought by a defendant in a lawsuit, based on the claims in that lawsuit, against someone not named in the original lawsuit.
What is a third party Complaint
A request made to the court to delete part or all of a pleading; can also refer to a request made during trial to delete testimony
What is a Motion to Strike
A motion requesting that judgment be entered immediately because there is no genuine dispute as to any material fact in the case and the movant is entitled to judgment as a matter of law
What is a Motion for Summary Judgment
To “undo” or abrogate a contract
What is rescission
A court order defining or explaining the rights and obligations of parties under some contract or other document
What is declaratory relief
A concept allowing a defendant who has paid a judgment to seek reimbursement from another more culpable party, usually where the defendant seeking indemnification has done nothing wrong, but is nevertheless liable.
What is indemnification
A motion claiming that the allegations in the pleadings are such that no controversial issues remain and that judgment can be entered for only one party.
What is a Motion for Judgement on the Pleadings
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What is 50.
A legal proceeding to determine ownership of real property.
What is Quiet Title Action
A form served with a complaint informing a person of a lawsuit against him or her, the time limit for responding to the lawsuit, and the consequences of failing to respond.
What is a summons
A motion made in response to a complaint in which the defendant challenges the clarity or specificity of the complaint.
What is Motion for a more definite statement
A request by one party to the court for an order requiring the other side to comply with a discovery request.
What is a motion to compel
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What is NALA-The Paralegal Association or the National Association of Legal Assistants
Verification that a copy of a pleading, a motion, or other document has been served to another party or attorney
What is Proof of Service
A number assigned to a lawsuit by the court; each pleading or document filed in the action must bear this number.
What is a docket number
The right of a person who has paid an entire debt (or judgment) to be reimbursed a proportionate share of the judgment from another person who is also responsible for the debt.
What is contribution
A request to the court from one party that penalties be imposed on the other party for violating the provisions of Rule 11 of the Federal Rules of Civil Procedure.
What is a motion for sanctions
What are pretrial motions
An order from the court requiring a person to act or refrain from acting in a certain way, issued for limited time until a full hearing on the matter can be scheduled.
What is a temporary restraining order
An agreement between the parties in a lawsuit that certain facts are not in dispute.
A legal pleading in some state jurisdictions that attacks the validity of another pleading (usually a complaint) in that on its face, the pleading does not state facts that satisfy the requirements of the pleading
What is a demurrer
One of the first motions filed before or at the beginning of trial before the jury enters, frequently used to prevent opposing counsel from introducing certain evidence at trial
What is a motion in limine ("lemony")
A motion made during or after a trial in which one party asks the judge to rule in his or her favor because the other side has produced no evidence upon which a judgment can be based; the motion cannot be made until the party against whom the motion is made has introduced all of its evidence.
What is a Motion for Judgment as a matter of law