Term
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Definition
| Request to admit facts, not answered within 28 days. Rule 183 allows an extension of time for good cause. Lack of prejudice to the other party is not good cause. |
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Term
| City of Chicago v. Hudson |
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Definition
P files suit against the city for ordinary negligence and also misconduct in providing emergency services. Negligence count is involuntarily dismissed with a 619 motion. P then voluntarily dismissed the other COA.
Even though he could refile within a year, res judicata barred the refiling because it amounted to claim spitting. |
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Term
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Definition
This occurs where a claim is adjudicated on the merits and you try to bring it again in a seperate action.
Res judicata bars bringing another suit for claims that could have been resolve in the first place. |
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Term
| Vision Point of Sale v. Haas |
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Definition
| In determining whether good cause is shown, it must be related to the reasons the RTAF was not filed in time. The court may not take into consideration facts and circumstances beyond the reason for non-compliance. Inadvertance, negligence, mistake etc. may be good cause. |
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Term
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Definition
| This motion addresses deficiencies in the pleading both in form and in substance. It does not go outside the 4 corners of the complaint. |
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Term
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Definition
| This asserts an affirmative matter which defeats the cause of action. This goes outside the complaint and can either be fact based or law based. |
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Term
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Definition
| This is a motion for summary judgment. It is fact based. Only where there is no genuine issue of material fact and the party is entitled to a judgment as a matter of law. |
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Term
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Definition
| This allows the court to grant an extension of time for good cause. Good cause != lack of prejudice to the other party. |
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Term
| When can punitive damages be assessed? |
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Definition
| When the nature of the D's alleged conduct approaches the degree of moral culpability associated with crime. "She did WHAT?!?!" Also, cannot ask for punitive damages at the initial finding, you need leave of court. |
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Term
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Definition
| Request to admit facts. You have 28 days to respond after being served with the request. Failure to respond within 28 days constitutes an admission of facts. |
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Term
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Definition
| You need to certify that you made a reasonable attempt to resolve disputes during discovery. Rule 201 governs discovery. |
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Term
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Definition
| Voluntary dismissal. You can pretty much always voluntarily dismiss an action. You can only voluntarily dismiss once. However, res judicata might preclude you from bringing it again (see |
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Term
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Definition
forum non-conveniens
Weigh the public and private factors in determining whether venue is proper. |
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Term
| Forum non-conveniens factors |
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Definition
Public factors-local interest in local controversy, burden on the courts, tax payer burdens.
Private factors-location of evidence, convenience to the parties, any other factor that makes litigation faster and more efficient |
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Term
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Definition
| Requirement of diligence in service of process. If you aren't diligent in trying to |
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Term
| Verified vs. unverified pleading |
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Definition
| Verified pleading is where the person writing the complaint signs it under oath and swears its true. Once a verified pleading has been submitted, every subsequent pleading must be verified. However, failure to object to an unverified pleading can constitute a waiver. |
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Term
| Statute of limitations vs. statute of repose |
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Definition
The clock on the statute of limitations starts when the COA arises/the P knew or reasonably should have known of the injury and that it was wrongfully caused.
A statute of repose is a time after an act which bars any cause of action regardless of when notice of the invasion of legal rights occurs. |
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Term
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Definition
| When the COA arises in a different state, between non-residents, they file suit in Illinois, and the SOL in the state where the COA arises would bar the action-then Illinois will use that statute to bar it. NOTE: it only acts to bar actions, not give them life. |
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Term
| Counter-claims and the s of l |
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Definition
| A D may assert any counter claim which arises out of the transactoin or occurrence they are being sued for regardless of whether the s of l has run. |
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Term
| What will toll the statute of limitations? |
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Definition
Death of a party (1 year)
Voluntary dismissal (1 year)
An action is dismissed by fdct for want of jxn (1 year, but it is not tolled during the appellate procedure)
Case reversed on appeal after judgment entered for the P |
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Term
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Definition
| When the party takes a position during litigation, you can't just change your position in the middle of litigation (unless there's new information). |
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Term
| Evidence deposition vs. discovery deposition |
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Definition
| Evidence deposition-the strict rules of evidence apply. Any party can use an evidence deposition for any purpose any testimony would be used for. It is used when the witness cannot be subpoenad. |
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Term
| What is relevant for the purposes of discovery? |
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Definition
| Anything that is admissible evidence or could lead to admissible evidence |
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Term
| How is a written deposition different from an interrogatory? |
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Definition
An interrogatory can only be given to a party to he lawsuit. It is all written.
A non-party can be subpoenad for a written deposition. These are read to the person and answered orally. |
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Term
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Definition
| It covers memoranda, reports made in preperation for trial that employ the attorney's legal expertise. It is a narrower privilege than the federal privilege. It does not cover witness lists. |
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Term
| Attorney client privilege |
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Definition
| Protects communications made in confidence between a client and his attorney during legal consultation |
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Term
| Patient physician privilege |
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Definition
| this protects a person from disclosure from his treating physician. Again it must be made in confidence. |
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Term
| Consulting expert privilege |
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Definition
| If an attorney consults an expert but doesn't plan on using that expert at trial it is not discoverable. |
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Term
| How do you effect abode service upon an individual? |
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Definition
| Leave it with a resident (or family member) of the D's usual place of abode 13 or older, explain the contents to the person, and mail them a copy of the summons/complaint. |
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Term
| Can an uncorroborated denial of receiving the summons defeat a sherrif's return of personal service? |
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Definition
| No, there must be clear and satisfactory evidence to defeat the sherrif's return |
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Term
| When can a special process server be appointed? |
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Definition
| It must be appointed by the court. You need to show that the sherrif has been unable to serve the person. |
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Term
| What is an alternative means of service of summons? |
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Definition
| The court can grant it as long as it is reasonably calculated to be served on the D and give the D reasonable notice. |
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Term
| Explain hatmaker v. hatmaker |
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Definition
| The court frowns on trying to evader service. Therefore, if thesherrif leaves it front of the D it is effective. Also, if the sherrif knows it is the D behind a closed door, he can slide it under the door. |
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Term
| How do you serve summons on a corporation? |
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Definition
| Leave it with a registered agent, or any officer or agent found in the state. Anyone employee who is intelligent enough to understand the importance of the document and to give it to a supervisor is probably enough. |
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Term
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Definition
| This is where the claim arises out of the D's activities in the state. |
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Term
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Definition
| These are the power basis of jxn. Service on person in the state, residence, consent, doing business. |
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Term
| Doing business for specific jurisdiction |
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Definition
| means transacting business, and the claim arises out of that transaction |
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Term
| Doing business for general jurisdiction |
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Definition
| Continuous and systematic activities |
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Term
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Definition
| D must have such minimum contacts with the state such that assertion of jxn does not offend traditional notions of fair play and substantial justice. Minimum contacts require an act in which the D purposefully avails himself of the benefits and protections of the forum state. |
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Term
| Illinois added due process formulation |
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Definition
| is it fair, just, and reasonable to assert jxn considering the quality or which affect interests located in the state |
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Term
| Process for personal jurisdiction in Illinois |
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Definition
Does it comport with constitutional due process?
Is there adequate notice? Is the method reasonably likely to provide notice to the D.
Does it comport with Illinois constitution's due process? |
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Term
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Definition
| Equitable doctrine where a P sits on a cause of action to the prejudice of the D. |
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Term
| What is the two step process for dismissing a COA? |
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Definition
First, strike the pleading.
Second, dismiss the COA when there are no set of facts that could be proved at trial to provide the P with relief. |
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Term
| S of L for medical malpractice |
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Definition
2 years from the time the person knows or should know. BUT no more than 4 years.
If the person is under 18, then it is 8 years, but no more than after the 22nd birthday. |
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Term
| SCR 191-what can be used in a motion for summary judgment |
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Definition
| It is based on evidentiary admissions and judicial admissions. Evidence admissions are unverified pleading, pleadings in other cases, answers to interrogatories. Judicial admissions are verified pleadings, RTAF, judicial admissions control over conflicting allegations. |
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Term
| s of l for property actions |
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Definition
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Term
| s of l for written contracts |
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Definition
| 10 years, clock starts at the time of the breach |
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Term
| s of l for attorney malpractice |
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Definition
| 2 years, but statute of repose is 6 years |
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Term
| s of l for defamation/invasion of privacy/libel |
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Definition
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Term
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Definition
| the clock on the s of l starts to run when the p knew or reasonably should have known that an injury has occurred and that it was wrongfully caused |
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