Term
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Definition
| pleading or legal document filed w/ clerk to commence a civil action |
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Term
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Definition
| indicate injury + relief sought +allege all elements + not a specific amount but amt in excess of $10K |
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| Court of original jurisdiction |
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Definition
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Term
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Definition
small claims ($5K or less) +
up to $10K +
divorce issues |
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Term
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Definition
| patent, copyright, bankruptcies, admiralty |
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Term
| Subject Matter Jurisdiction |
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Definition
| authority of court to adjudicate certain cases |
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Term
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Definition
| Constitution + state statutes |
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Term
| Federal District Court SMJ |
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Definition
Federal law based OR
Diversity + in excess of $75K |
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Term
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Definition
| court's ability to exercise control over parties |
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Term
| Personal Jurisdiction always relates to which party |
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Definition
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Term
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Definition
Citizen
Presence
Consent
Property
Contacts |
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Term
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Definition
| must be citizen of state = not the same as resident |
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Term
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Definition
| Must be located in the state |
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Term
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Definition
can be explicit or implied
if don't object = implied |
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Term
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Definition
Is there property owned in the state
doesn't have to be subject of action;
marriage counts |
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Term
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Definition
Are there any affiliations with the state;
any connections |
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Term
| Two step process to determine PJ |
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Definition
Court has to have power (CPCPC) +
fair to due process |
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Term
| Due process in Federal Court |
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Definition
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Term
| Due Process in State Court |
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Definition
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Term
| Proper Venue in NC state courts |
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Definition
| civil action filed where county where at least one of the parties resides |
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Term
| Proper venue in NC State courts when don't reside in the state |
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Definition
| wherever the plaintiff selects |
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Term
| Venue in Federal Courts if based on diversity + amount |
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Definition
| wherever defendant resides OR where property/events located OR where PJ is proper |
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Term
| Venue in Federal Courts if based on federal question or multiple claims |
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Definition
where defendant resides if same state OR where event/property exists OR
where any defendant is found |
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Term
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Definition
| let defendant know that a civil action has been filed against them |
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Term
| Options for serving summons & complaint |
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Definition
personal service OR
substituted service OR
Constructive service |
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Term
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Definition
| when sheriff or process server provides to defendant |
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Term
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Definition
| when mail or delivery to agent of defendant - 1st class mail won't work |
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Term
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Definition
| same as service by publication; only use if none of the other methods work |
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Term
| When the summons must be served in NC |
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Definition
| W/in 5 days of the complaint filing |
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Term
| What happens if summons not served w/in 5 days of complaint filing |
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Definition
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Term
| What happens if summons not issued w/in 5 days of complaint filing and the SOL has expired |
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Definition
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Term
| How long after summons issued does it have to be served |
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Definition
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Term
| Suppose you don't think you'll be able to serve summons and complaint w/in 60 days time limit |
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Definition
| In NC, can file extension for 30 days |
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Term
| In federal court, how much time do you have to serve |
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Definition
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Term
| What are pre-answer motions |
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Definition
| motions to dismiss because of the failure to comply with procedural requirements |
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Term
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Definition
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Term
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Definition
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Term
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Definition
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Term
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Definition
| summons not prepared or issued properly |
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Term
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Definition
| improper service - raise with 12b2 |
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Term
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Definition
| no legal claim for which relief can be granted |
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Term
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Definition
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Term
| What happens if don't raise 12b2 - 5 |
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Definition
| Will waive opportunity to bring up later |
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Term
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Definition
| responsive pleading where objections and defenses are alleged by the defendant to plaintiff |
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Term
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Definition
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Term
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Definition
| arising from same occurrence- must be raised during the action or forever waived |
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Term
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Definition
| can be raised at the time of the action or could wait until later because not related to same action or occurrence |
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Term
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Definition
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Term
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Definition
contributory negligence AND
SOL
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Term
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Definition
matter of course OR
written consent OR
with permission |
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Term
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Definition
| if answer not received or w/in 30 days of when pleading served can make changes |
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Term
| Written consent/stipulation to amend |
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Definition
| the other attorney gives permission in writing to change pleading |
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Term
| Amendind with permission/leave of court |
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Definition
| file and serve the motion with judge to do so |
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Term
| MOtion for judgment on the pleadings |
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Definition
no genuine issues of material facts or disputes +
agreement on both sides +
just looking at the complaint and answer |
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Term
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Definition
| if proper claim against one can join any other unrelated claim |
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Term
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Definition
| when the court decides who owns the property |
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Term
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Definition
| when not a party but decide to become a part of the action |
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Term
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Definition
| can get discovery on anything that isn't privileged as long as relevant to subject matter in the pending action |
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Term
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Definition
depositions
interrogatories
production of documents
physical/mental exams
admissions |
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Term
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Definition
| look at pleadings and discovery to determine if there are material facts in dispute if not, grant summary judgment |
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Term
voluntary dismissal in NC
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Definition
can request anytime before rest case
without prejudice |
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Term
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Definition
| means can bring action up again |
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Term
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Definition
| res judicata - can't bring up anymore |
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Term
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Definition
| initiated by defendant and if granted, will be w/prejudice |
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Term
| involuntary dismissal from 12b(1-5 , 7) |
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Definition
| w/out prejudice so can bring up again after fixing whatever is wrong |
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Term
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Definition
| plaintiff has to provided evidence to support every element of the claim |
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Term
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Definition
| convincing jury that you should win or lose |
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Term
| judgment notwithstanding verdict |
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Definition
| only eligible if raised directed verdict motion at end of presentation of all evidence |
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Term
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Definition
| once case adjudicated and time expired or appeals exhausted can't bring up again |
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Term
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Definition
| can't raise the issue again |
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