Term
| alternative Dispute Resolution (ADR) |
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Definition
1. Mediation
2. Arbitration
3. Mini trial
4. Moderated settlement conference
5. Summary jury trial
6. Trial by Special Judge |
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Term
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Definition
hear both sides
does not make a decision
(Facilitator) |
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non-jury trial
makes a decision in the end called a reward |
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Definition
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Definition
| decision can be challenged |
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Definition
trial, (original jurisdiction)
appellate |
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Term
| Nueces County State Court System |
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Definition
1. Justice of the Peace
2. City or Municipal
3. County Courts at Law
4. District Courts |
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Term
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Definition
<$10k
evictions, small claims
not a court of record |
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Definition
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Definition
lower level misdemeanor crimes, class a or b,
>$200
non-damage civil matters |
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Definition
>$500 civil cases
felonies
child support |
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Term
| Nueces County Appellate court |
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Definition
13th District
made up of 20 counties
6 judges |
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Definition
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Definition
4 Texas District courts, North, South, East, and West
Civil and Criminal
Diversity of Citizenship >$75k, civil |
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Term
| Motion of Special Appearance |
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Definition
| to dismiss Fed. Court jurisdiction for misfiling |
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Definition
Resident of Texas
Minimum contact
committing a tort |
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Term
| Plea to the Jurisdiction of the court |
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Definition
| Misfiled jurisdiction in District court to dismiss |
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Definition
| to dismiss personal citation, no basis for personal jurisdiction |
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Definition
| physical location within the jurisdiction |
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Definition
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Term
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Definition
| State court for improper venue |
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Term
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Definition
| state to federal, defendant files, must have subject matter jurisdiction |
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Term
| Subject Matter Jurisdiction |
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Definition
eviction-JP
Guardianship-CCL
adoption-District or CCL#5
Juvenile- CCL#5
Probate- CCL
Divorce-District
Ancillary-back to divorce- court that granted divorce
land title-district
defamation-district (Constitutional issue)
election contest-CCL |
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Term
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Definition
JP >$200 <$10k
CCL >$200
District >$500 |
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Term
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Definition
Burden of proof
standard of proof-how strong the evidence must be |
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Term
| Social Host Responsibility |
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Definition
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Term
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Definition
| more than one type of case |
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Definition
| Only one type of case such as Bankruptcy |
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Term
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Definition
variety of types of cases
US District Courts
State District Courts |
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Term
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Definition
| hear only certain types of cases such as bankruptcy |
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Term
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Definition
| diversity of citizenship, |
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Term
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Definition
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Term
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Definition
Fed. Supreme Court
rule of 4
only 5% heard
must be a federal question |
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Term
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Definition
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Term
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Definition
| 3rd floor of county courthouse |
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Term
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Definition
| showing up in court for a limited purpose only, especially to argue that the court lacks jurisdiction over you or your client. In federal court, it is replaced by motions or pleadings for the same purpose |
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Term
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Definition
| to transfer a case from one court to another (most commonly, from a state to a federal court, often for civil rights reasons) |
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Term
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Definition
black statutes, Civil Prac. Rem Code
stops when lawsuit is filed |
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Term
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Definition
DTP, Medical, Government
require advance written notice about the type of lawsuit you are filing
plea end debate
to encourage settlement |
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Term
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Definition
| individual, corporation, partner |
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Term
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Definition
| parties MAY be joined together in a complaint or petition as long as there are common question's involving them. |
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Term
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Definition
| a party or issue that must be included in the case. |
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Definition
| a lawsuit brought for yourself and other persons in the same situation |
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Definition
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| 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. |
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Definition
| formally served, bringing third party into the suit (Defendants) |
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Definition
| Defendant goes back after the Plaintiff |
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Term
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Definition
| a claim brought by one defendant against another that is based on the same subject matter as the plaintiff's lawsuit |
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Term
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Definition
| damages of a set amount such as past medical bills, repair of vehicle, |
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Term
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Definition
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Term
| within the jurisdiciton of the court |
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Definition
unliquidated damages
injury cases |
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Term
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Definition
| shows the factual basis of the lawsuit |
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Term
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Definition
| relief sought is not the same and each plaintiff alleges his/her own damages |
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Definition
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Term
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Definition
| make an example of, discourage behavior. |
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Term
| Temporary Restraining order (TRO) |
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Definition
Ex parte, can be
sworn
14 days |
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Term
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Definition
| 2nd after TRO the permanent injunction |
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Term
| incorporation by reference |
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Definition
multi count pleading,
include writings, documents |
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Term
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Definition
| Lawyer's name, Bar Number, address, Telephone Number, email, fax, Party representing |
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Term
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Definition
General prayer for relief
such other and further relief as to which the plaintiff may show himself entitled |
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Term
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Definition
hand delivery
certified mail
alternate service
publication notice |
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Term
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Definition
more specific, allege damages
Texas |
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Term
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Definition
Federal,
Just list the damages, like past medical expenses, lost wages |
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Term
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Definition
state what you want, legally entitled to,
damages |
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Term
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Definition
| allows a dft who has paid a judgment to seek reimbursement from another Dft |
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Term
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Definition
| the right of a person who has paid the entire debt to get back a fair share of the payment from another person who is also responsible for the debt |
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Term
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Definition
separate
complaint not counter claim or cross claim
Not part of the answer |
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Term
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Definition
Counter claim =Reply
cross claim =answer (cross answer)
3rd party complaint = Third party answer |
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Term
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Definition
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Term
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Definition
No subject matter
challenge SM jurs.
Lack of personal Jurs
Improper venue
insufficiency of process
insufficiency of service of process
failure to state a claim upon which relief is granted
failure to join a party |
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Term
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Definition
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Term
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Definition
Failure to state a recognized claim
Most common pre-trail motion |
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Definition
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Term
| Motion to make more definite and certain |
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Definition
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Term
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Definition
process servers return on file 10 days
did not show up for court |
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Term
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Definition
must show legal reason for throwing it out
time periods not satisfied
excusable neglect (hospitalization) |
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Term
| Order of restraining orders/injunctions |
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Definition
TRO
Preliminary injunction
Permanent Injunction |
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Term
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Definition
Starts day after service
5 or fewer days do not include weekends or holidays
Mailing-date of mailing is DOS, + 3 days
fax=after 5pm is next day, + 3 days |
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Term
| main objective of discovery |
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Definition
to find out what happened from the other sides perspective to get direct evidence
to see if it is possible to get impeachment evidence
to preserve info for trial
to size up the enemy |
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Definition
Concern is ESI
state the time frame. |
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Term
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Definition
arguably relevant
reasonably calculated to lead to the discovery
doesn't fall under a privilege |
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Term
| Laundry list of generally discoverable info |
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Definition
1. documents and tangible things
2. persons w/ knowledge of relevant facts
3. trial witnesses
4. expert witnesses
5. statements of persons w/ knowledge of relevant facts
6. identities of potential parties |
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Term
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Definition
| must pass rules of evidence |
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Term
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Definition
Don't use interrogatories
1. request for disclosure
2. Deposition
3. from their reports |
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Term
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Definition
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Term
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Definition
Att/Client
medical
party/consultative exp
att work product |
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