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Civil Litigation
Chapter 5
33
Law
Undergraduate 1
03/14/2012

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Term
Pleadings
Definition
Formal, written statements of each side of a civil case.
Term
allegations
Definition
a statement in a pleading that sets out a fact that the side filing the pleading expects to prove.
Term
caption
Definition
the heading or introductory section of a legal paper usually contains the names of the parties, the court, and the case number.
Term
prayer
Definition
request. the part of a legal pleading (such as a complaint) that asks for relief (help, money, specific court action, an action from the other side, etc.).
Term
subscription (subscribe)
Definition
sign a document
Term
verification (verify)
Definition
swear in writing to the truth or accuracy of a document.
Term
real party in interest
Definition
The person who will ultimately benefit from winning a lawsuit, whether or not that person brought it initially.
Term
capacity
Definition
legal ability to do something
Term
guardian ad litem
Definition
someone appointed by a court to take care of the interests of a person who cannot legally take care of himself or herself in a lawsuit involving that person.
Term
fictitiously named defendants
Definition
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.
Term
permissive joinder
Definition
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.
Term
compulsory joinder (joinder)
Definition
a party or issue that must be included in a case
Term
indispensable party
Definition
a person who has such a stake in the outcome of a lawsuit that the judge will not make a final decision unless that person is formally joined as a party to the lawsuit
Term
class action
Definition
a lawsuit brought for yourself and other persons in the same situation
Term
interpleader
Definition
a procedure in which persons having conflicting claims against a third person may be forced to resolve the conflict before seeking relief from the third person
Term
count
Definition
each separate part of a complaint or an indictment
Term
compensatory damages
Definition
awarded for the actual loss suffered by a plaintiff.
Term
punitive or exemplary damages (damages)
Definition
extra money given to punish the defendant and to help keep a particularly bad act from happening again.
Term
equitable relief (equitable)
Definition
just, fair, and right relief for a particular situation.
Term
specific performance
Definition
being required to do exactly what was agreed to
Term
rescission
Definition
the annulment of a contract
Term
restitution
Definition
giving something back; making good for something.
Term
declaratory relief
Definition
a court order defining or explaining the rights and obligations of parties under some contract or other document
Term
quiet title action
Definition
a way of establishing clear ownership of land.
Term
injunction
Definition
a judge's order to a person to do or to refrain from doing a particular thing.
Term
temporary restraining order (TRO)
Definition
a judge's order to a person to not take a certain action during the period prior to a full hearing on the rightfulness of the action.
Term
preliminary injunction
Definition
a court order made prior to final judgment in the case directing that a party take some action or refrain from taking some action until the trail in the case takes place.
Term
filing (file)
Definition
giving a paper to the court clerk for inclusion in the case record
Term
docket number
Definition
assigned to a lawsuit by the court; each pleading or document filed in the action must bear this.
Term
summons
Definition
a notice delivered by a sheriff or other authorized person informing a person of a lawsuit against him or her.
Term
personal service of process
Definition
notice of a lawsuit or other proceeding that is given to a party by personally delivering a copy of the papers to that party.
Term
proof of service
Definition
written verification that papers have been delivered to a party, detailing when, where, and how the papers were delivered.
Term
stipulation
Definition
an agreement between lawyers on opposite side of a lawsuit.
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