CRM/LAW C101 Study Guide - Final Guide: Bench Trial, Sex Toy, Band-Aid
6 Dec 2016
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Document Summary
Legal mobilization: filing the complaint: plaintiff files a complaint to inform the defendant why s/he is being sued, by whom, and in what jurisdiction. Summarizes the facts and asserts basis for recovery. Understand the basic elements of civil procedure. Pleadings, summons, complaints, answers, motions, replies: pleadings are formal documents filed with the court that state the parties basic complaint. *plaintiff fails to state a claim upon which relief can be granted* thus a case can be dismissed. Motion for summary judgment (as a matter of law) - judgment entered by a court for one party and against another party summarily, i. e. , without a full trial. Such a judgment may be issued on the merits of an entire case, or on discrete issues in that case. The discovery process: depositions, interrogatories, production of documents, requests for admission, medical exams. Discovery phase: discover what evidence is out there to test the facts. Full disclosure of facts required: deposition: witness"s sworn out-of-court testimony.
