BLAW Ch. 3
Order by
18 terms
Terms | Definitions |
|---|---|
 motion to dismiss | a motion filed by the defendant in which the defendant asks the court to dismiss the case for a specified reason, such as improper service, lack of personal jurisdiction, or the plaintiff's failure to state a claim for which relief can be granted |
| motion to strike | a motion filed by the defendant in which the defendant asks the court to strike certain paragraphs from the complaint. motions to strike help to clarify the underlying issues that form the basis for the complaint by removing paragraphs that are redundant or irrelevant to the action |
| motion to make more definite and certain | motion filed by the defendant to compel the plaintiff to clarify the basis of the plaintiff's cause of action. the motion is filed when the defendant believes that the complaint is too vague or ambiguous for the defendant to respond to it in a meaningful way |
| motion for judgment on the pleadings | a motion that may be filed by either party in which the party asks the court to enter a judgment in his/her favor based on information contained in the pleadings. a judgment on the pleadings will be made only if there are no facts in dispute and the only question is how the law applies to a set of undisputed facts |
| motion to compel discovery | a motion that may be filed by either party in which the party asks the court to compel the other party to comply with a discovery request. |
| motion for summary judgment | a motion that may be field by either party in which the party asks the court to enter judgment in his/her favor without a trial. a motion for summary judgment can be supported by evidence outside the pleadings, such as witnesses' affidavits, answers to interrogatories, and other evidence obtained prior to or during discovery |
| affidavit | written statement made under oath (for use as proof in a court of law) |
| affirmative defense | A defense whereby the defendant offers new evidence to avoid judgment (ex statute of limitations) |
| answer | - admit or deny allegations - set forth defenses |
| deposition | sworn testimony by a party to the lawsuit or by any witness, recorded by an authorized court official |
| interrogatories | written questions for which written answers are prepared and then signed under oath (not directed to witnesses) |
| pretrial conference | explore the possibility of a settlement without trial, identify the matters in dispute and to plan the course of the trial |
| rules of evidence | series of rules that have been created by the courts to ensure that any evidence presented during a trial is fair and reliable |
| relevant evidence | evidence that tends to prove or disprove a fact in question or to establish to the degree of probability of a fact or action |
| hearsay | testimony someone gives in court about a statement made by someone else who was not under oath at the time of the statement |
| service of process | formally notifying the defendant of a lawsuit |
| summons | a notice requiring the defendant to appear in court and answer the complaint |
| default judgment | a judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court) |
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