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Litigation Chs. 6-7 Vocab/Concept Review

Across
A party ________ in an action when he or she serves or files a pleading or motion.
A jury ______ is a notice on a pleading or on a separate statement, served and filed by a party, indicating that the party wants a trial by jury.
Pursuant to FRCP 8(a), the complaint shall contain a short and plain statement of the grounds upon which the court's __________ depends.
The _______ is the court's order to the defendant that the defendant must appear and defend against the plaintiff's action.
___________ is a procedure that permits a person to join in a pending lawsuit by applying to the court for leave to become a party in order to protect a legal right or a related interest.
Unless denied, a complainant's allegations are presumed to be ________.
A defendant's counterclaim against the plaintiff is ______ when it does not arise from the same transaction or occurrence as the plaintiff's claim, so it may be prosecuted in the plaintiff's action if defendant chooses, or she can pursue it in a separate action.
The process of exchanging information between the parties pursuant to established court rules, court imposed timeline, and under court supervision.
An ____________ defense not asserted in the answer is considered waived.
The date which determines whether the applicable statute of limitations has been met is the date that the ________ _____ _________ are filed in court.
A defendant may _____ the answer within twenty days of serving the original answer as a matter of right.
Pursuant to FRCP 8(a), the complaint shall contain a ______ for judgment for the relief the pleader seeks.
The complaint's "______ for relief" describes the money damages and any other relief plaintiff wants the court to award.
The plaintiff can ______ the complaint once as a matter of right within twenty-one days of service of the original complaint, or before Defendant files an answer.
Abbreviation that follows the name of the first plaintiff and first defendant where there are multiple plaintiffs or defendants, ok to use in the answer and subsequent filings
Initial _____ are mandated by Rule 26(a) and include information regarding known witnesses, documents, damages computation, relevant insurance policies, and expert witnesses.
________ are separate statements of the claims within a complaint, counter-claim, or cross-claim, separation is made to make the claims more clear
Sanctions are penalties a court imposes on parties who fail to comply with the court's orders or rules.
A discovery method, obtaining the testimony of a witness under oath, and preserved in a written transcript by a court reporter.
Down
Attorneys' ____ product is protected from disclosure in discovery.
An _______ will generally contain a statement to the effect that "Defendant denies each and every allegation, statement, matter, and thing contained in the complaint, except as expressly admitted herein."
If the defendant does not have sufficient knowledge on which to form a belief concerning an allegation in the complaint, they may ____ _____ in the answer their lack of knowledge, which has the same effect as a denial.
A discovery method, a _____ for production of documents is a written request to a party to provide access to specified documents at a specified time and place.
A counterclaim must be served with the _______.
A discovery method, written questions to another party in a civil action. They must be answered under oath.
A defendant has 21 days after service of the summons and complaint to appear and defend against the plaintiff's action.
A defendant must admit all allegations that they know are ____.
Pursuant to FRCP 8(a), the complaint shall contain a short and plain statement of the _______ showing that the pleader is entitled to relief.
The plaintiff must serve the defendant with the summons and _______ within 90 days of filing them in court.
Amendments to a complaint ______ ______ to the date of the original filing.
A defendant's counterclaim against the plaintiff is ______ when it arises from the same transaction or occurrence as the plaintiff's claim, meaning it must be asserted in the plaintiff's action or it is waived.
Under FRCP 11, the attorney's __________ on a pleading or motion constitutes the attorney's certification to the court that the document is not being filed for any improper purpose, that the attorney has made due inquiry into the claims or defenses contained therein, that the claims or defenses are warranted by law, and that there is evidence to support them.
A defendant may bring a _____-party action against someone who is not yet a party to a lawsuit in order to seek indemnification or contribution.
A _________ complaint is one that alleges a new, additional claim that arose from a transaction or occurrence that took place after the initial complaint was filed.
If parties do not agree to an extension of time, the party wishing for one must make a _______ to the court for an extension.
A _________ appears in a case by filing an answer or an appropriate motion.
Federal courts have authority to _________ cases for trial whenever cases involve common questions of law or common questions of fact.
A party who opposes an amendment must show that they are ________ by the amendment, or that their ability to defend against the new allegation was in some way impaired by the delay.
A Rule 23 motion is motion for certification of a _______ action.
If a defendant fails to appear by serving an appropriate motion or by answering a complaint, the plaintiff may move for a ______ judgment.
A complaint must identify specifically any items of _______ damages, or out-of-pocket expenses that a party has incurred because of another party's wrongdoing.