The resolution of disputes between parties through the court system.
What is civil litigation
100
The theory of recovery that entitles the plaintiff to recover against the defendant
What is a cause of action
100
An agreement between the attorney and client whereby the lawyer will receive compensation for the lawyer's fee a certain percentage in the recovery ultimately obtained by the client.
What is a contingency fee agreement.
100
The party who under the applicable substantive law has the right that the lawsuit seeks to enforce.
Who is the real party in interest.
100
Requires a reasonable inquiry into the facts and law before filing a lawsuit.
What is Rule 11.
200
The damages that make a plaintiff whole are
What are compensatory damages
200
During informal fact gathering, an attorney or paralegal can interview anyone except
Who is a represented party
200
The lawyers position on and approach to all the undisputed and disputed evidence that will be presented at trial.
What is the theory of the case
200
A person appointed by the court to represent another, usually a minor or incompetent, in a lawsuit.
Who is a guardian ad litem.
200
A notice at the end of a pleading indicating that service of the pleading has been made upon a particular party.
What is a certificate of service.
300
In federal court, a lawsuit begins with the filing of this
What is complaint
300
The time limit for bringing a claim against the defendant
What is statute of limitation
300
The form that an agreement between an attorney and client should be memorialized
What is in writing
300
The power of a court to hear a particular matter.
What is subject matter jurisdiction
300
A motion to eliminate redundant, immaterial, impertinent or scandalous matter.
What is a motion to strike.
400
The three sources of this include statutes, court cases and constitutions
What are sources of law
400
A claim in the form of a pleading brought by the defendant against the plaintiff
What is a counterclaim
400
What a client hopes to get out of a case is called the client's
What are objectives
400
Diversity jurisdiction requires complete diversity between the parties and
What is a claim that exceeds $75,000.
400
The motion that is appropriate when the complaint is so vague or ambiguous that a defendant cannot answer.
What is a motion for more definite statement.
500
The most common compensatory damages are
What are money damages
500
These can be obtained from five basic sources including the client, exhibits, witnesses, experts and the opposing party
What are facts
500
Motions which have the effect of terminating a lawsuit without a trial.
What are dispositive motions
500
State law that enables a court to exercise jurisdiction over a defendant who is outside the geographical boundaries of the court.
What is long-arm statute.
500
A defense that if proven denies recovery to the plaintiff.