The Civil Lawsuit Practice Question Study Well Elaborated Answers.
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Course
CIVIL SUIT
Institution
CIVIL SUIT
2 Types of judicial procedure: CIVIL and criminal - correct answer Civil process by which cases go thru the courts. Method by which an agreed person who claims injury to a person/property is able to go after who caused the damage.
Most states adopt federal rules as their own
Jurisdiction ...
2 Types of judicial procedure: CIVIL and criminal - correct answer Civil process by which cases go thru
the courts. Method by which an agreed person who claims injury to a person/property is able to go after
who caused the damage.
Most states adopt federal rules as their own
Jurisdiction - correct answer Power of a court to decide the subject matter of a case
In personam - correct answer Power of a court over the defendant. Court has to have power to order
defendant to pay the $
In Rem - correct answer Jurisdiction over the thing. Money doesn't exchange hands. Probate court-
property.
Service of process. 3 types - correct answer Notify defendant they are being soon.
Personal service- handing copy of process to defendant.
constructive service- publishing copy of process in newspaper with general circulation.
Substituted service- Mailing process to defendant at last known address.
Long arm statutes - correct answer A states jurisdiction expands to a person who lives outside the
state if they had sufficient contacts within the state- committing a wrongful act in that state or transact
important business.
Venue - correct answer Proper place for the suit to be heard
rules for civil cases - correct answer Most are usually the most convenient location.
In criminal case, defendant wants to change location if they have a well publicized criminal activity in the
area - OKC bombing moved to Denver.
, Who can sue in a civil case? - correct answer 1. Person bringing the case is called the Plaintiff. Plaintiff
must have standing
Class actions - correct answer Involve a wrong inflicted on many persons by 1 person or a company.
Reason for its use is that attorney fees are expensive. If enough people can form a class and hire one law
firm it is easier.
The pleadings - correct answer Legal document filed by a lawyer with a court setting forth the claims
of the parties.
Complaint - correct answer Lawsuit begins when a Plaintiff files a complaint with a court. It contains
only facts:
Name of court
Name of parties
Nature of Claim
Counts - # paragraphs- 1 per count
Request relief
What can a plaintiff sue for - correct answer Breach of contract, injury, property damage, injury to
character
Defendant's response to compaint - correct answer Defendant can deny all or some claims.
Affirmative defenses.
Statute of limitations has run out
Truth- in defamation case
Contributory negligence- plaintiff contributed to own injury
Demurrer- legal way of saying "so what" even if facts in case are true. Plaintiff won't win.
Affirmative defenses - correct answer Legal excuse so defendant isn't liable, even if facts in case are
true.
Statute of limitation, truth, contributory negligence
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