Civil action - non-criminal lawsuit (litigation) to settle a dispute between two or more people.
Parties to lawsuit are called litigants:
Plaintiff - person who brings the suit.
Defendant - person being sued - correct answer Class action - a civil action brought, with court's permission,...
Civil action - non-criminal lawsuit (litigation) to settle a dispute between two or more people.
Parties to lawsuit are called litigants:
Plaintiff - person who brings the suit.
Defendant - person being sued - correct answer Class action - a civil action brought, with court's
permission, by one or more persons on behalf of a large group
Ripeness doctrine - court will only hear an actual, present controversy.
Justiciable - case must be appropriate for court resolution.
Rules of civil procedure - rules of the presiding court (federal or state) govern civil cases - correct answer
Plaintiff's attorney determines legal issues (questions of law) involved in case and whether plaintiff has
standing to sue (tangible, legally protected interest at stake in lawsuit)
If case cannot be settled, plaintiff's attorney selects court in which to file suit.
Court must have jurisdiction (power or authority of court to hear a case) over both the person being
sued and the subject matter of the case - correct answer Pleadings - written statements of claims and
defenses used to begin and defend a civil suit.
Lawsuit begins when complaint (plaintiff's first pleading) is filed with clerk of courts.
In some states, plaintiff files petition (written application for court order)
Complaint (declaration at common law).
Sets forth plaintiff's cause of action (grounds for lawsuit) - contains allegations (claims plaintiff expects
to prove) and ad damnum (clause stating plaintiff's damages).
Gist of complaint known as gravamen of lawsuit.
Some states require signed verification (plaintiff statement confirming truth of pleading - correct answer
Clerk keeps docket (record of cases filed) and assigns a docket number to each case.
When case is ready for trial, it is placed on trial docket, or trial list
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