Exam2 - Flashcards - The flashcards are formatted for...

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Civil Procedure Civil Procedure
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Study of lawsuits and rules that govern them. Learn how to sue someone.
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Civil Case Criminal Case
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Burden of proof beyond a reasonable doubt. Burden of proof preponderance of the evidence.
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Probable Cause 1. Beyond a reasonable doubt 2. Clear and convincing evidence 3. Preponderance of the evidence 4. Probable Cause
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Burden of proof levels (highest to lowest): Judge has to think something is wrong.
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Pro se Clear and Convincing Evidence
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More likely true than not. Represent yourself; held to the same standard of knowledge as an attorney; judge won’t give you a break (neutral).
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Jurisdiction Corporation
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Can’t represent itself; not a “natural entity.” Authority to hear case.
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Judgment Venue
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File in the right court. What the decision of the court (judge) is.
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Damages Adjudication
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Decision made by the court; an act. Pay restitution.
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General Verdict Verdict
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Decision made by the jury. “One person is liable.”
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Pleading Specific Verdict
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“One person is liable for $100.” Paperwork that initiates and responds to a lawsuit.
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Complaint/ Petition Complaint/ Petition
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Filed by the plaintiff with the court and served with a summons on the defendant. Sets forth the basis of the lawsuit.
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Answer Answer
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Filed by the defendant with the court and served on the plaintiff. Deny or admit allegations; usually denies most allegations of the complaint.
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Cross-Complaint 1. Complaint/ Petition 2. Answer 3. Cross- Complaint
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Parts of pleadings: Filed and served by the defendant if he or she countersues the plaintiff.
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Cross-Defendant Cross- Complainant
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The defendant who serves a cross- complaint. The plaintiff who is served a cross- complaint; must file and serve a reply (answer).
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Consolidation Intervention
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A person who has an interest in a lawsuit may intervene and become a party to the lawsuit. Separate cases against the same defendant arising from the same incident may be turned into one case by the court if it would not cause prejudice to the parties.
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Intervention Cross-Complaint
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the same set of facts against the person complaining. A third party that arose
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This note was uploaded on 08/30/2011 for the course PLA 3013 taught by Professor Carolbast during the Fall '10 term at University of Central Florida.

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Exam2 - Flashcards - The flashcards are formatted for...

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