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March 4, 2011Civil Procedure
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Civil Procedurethe Cause of ActionA cause of action is a factual situation that creates a legally recognized right to damages or other relief.
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JurisdictionOriginal Jurisdiction: the power to first hear a case; court of original jurisdiction is where the trial takes placeJurisdiction: the power or authority to act in a certain situation; the power of a court to hear cases and render judgments
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Jurisdiction (cont.)Subject Matter Jurisdictionfederal court jurisdictionstate court jurisdiction
Personal Jurisdiction
In Rem Jurisdiction
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PLEADINGSDocuments that define the nature of the disputeFollow set formatJudicial Council FormsPrepared on pleading paper with statutory requirements
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Civil Pleadings: FederalComplaintAnswerCounterclaimCross-Claim Third-party Complaint
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CIVIL PLEADINGS: STATECOMPLAINTANSWERDEMURRERCROSS COMPLAINTANSWER OR DEMURRER TO CROSS COMPLAINT
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THE BASIC COMPONENTS1.the Caption2.the Allegations3.the Prayer4.the Date & the Address, Telephone Number, and Signature of the attorney for the plaintiff (AND S.B. NO.)
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SummonsSummons: one of the documents used to begin a legal action; it is served on the defendant and tells the defendant to appear in court and respond to the charge or risk a default.
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LITIGATION PROCESSCOMPLAINT FILED AND SUMMONS ISSUEDCOMPLAINT AND SUMMONS SERVED ON DEFENDANTDEFENDANT RESPONDS OR DEFAULTSResponses: Answer, Demurrer, Motion, Cross complaintDEFENDANTS CROSS COMPLAINT ANSWERED ETC.DISCOVERY CONDUCTED(MOTIONS, PRETRIAL HEARINGS, ADR)TRIALAPPEAL
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Service of ProcessPersonal ServiceSubstituted ServicePublicationService by MailWaiver(Acknow-ledgement of Receipt)Who Can ServeDate of ServiceProof of Service
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The AnswerAnswer: The most common response filed by a defendant is called an answerAffirmative DefensesGeneral DenialSpecific Denial
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Pretrial MotionsNotice of MotionDeclaration in Support of MotionMemorandum of Points and Authorities in Support of MotionDeclaration in Opposition to MotionMemorandum of Points and Authorities in Opposition to Motion
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DiscoveryInterrogatoriesRequest for AdmissionsRequest to Produce or InspectDepositionRequest for Medical ExaminationEXPERT Disclosure