Chapter 12 Review

Chapter 12
Review Sheet
Return to Chapter 12

Civil Litigation

All civil cases must begin with "an event that gives rise to the legal action." This is known as the cause of action.

List and define the remaining steps in a typical civil case.

1.	Cause of Action
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
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15.	Steps to enforce and collect judgement

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The following documents are part of the Pleading.
Know what each document is and how it is used in the case.

Pleading Documents	Definition
Complaint
Answer
Counterclaim
Reply
Cross-claim/Answer
Third Party Complaint/Answer

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The text lists seven parts of a complaint. List each on and discuss what is contained in each part.

Part of the Complaint	What is contained in each Part?

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Filing the complaint requires that you know the jurisdictional rules of both the State and Federal Court system.
Review the material from Chapter 6 regarding those rules.

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What is service of process?

How does the sixth amendment relate to service of process?

What is a summons?

What is "Notice and Waiver of Service" as contained in the Federal Rules of Civil Procedure Rule 4(d)

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Know the definition of each of the following terms and how it is used in a lawsuit.

Term	Definition
Motion
Motion to Dismiss
Motion to Compel Discovery
Motion to Strike
Motion to Make More Definite and Certain
Judgment
Motion For Summary Judgment
Motion for Judgment on the Pleading
Default Judgment

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Name and define four types of discovery. How are they used in a lawsuit?

Name	Definition	Use

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Briefly discuss the new discovery procedures under the Federal Rules of Civil Procedure, Rule 26.

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