Card Set Information
Legal law Terminoloy Voc
Legal Terminology Chapter 4 Defensive Pleadings in Civil Trials.
a defense that admits the plaintiff's allegations but introduces another factor that avoids liability. Also called confession and avoidance.
the main pleading filed by the defendant in a lawsuit in response to the plaintiff's complaint
confession and avoidance
a defense that admits the plaintiff's allegations but introducesanother factor that avoids liability. Also called affirmative agreement
a claim that the defendant has against the plantiff.
a claim brought by one defendant against another defendant in the same suit.
a pleading used in California by a defendant to file a claim against another defendant, a third party, and the plaintiff in the same action
a court decision entered against a party who as failed to plead of defend a lawsuit
a pleading used by the defendant to attack the plaintiff's complaint by raising a point of law, such as the failure of the complaint to state a cause of action
an order disposing of an action without trial of the issues
dismissal without prejudice
a dismissal in which the plaintiff is allowed to correct the error and bring another action on the same claim
dismissal with prejudice
a dismissal in which the plaintiff is barred from bringing another action on the same claim
a clause in the U.S. Constitution that prohibits the government from establishing a state religion.
freedom of assembly
a clause in the U.S. Constitution that guarantees to all persons the right to peaceably associate and assemble with others.
freedom of speech
a clause in the U.S. Constitution that guarantees to all persons the right to speak, both orally and in writing.
freedom of the press
a clause in the U.S. Constitution that guarantees to all persons the right to publish and circulate their ideas without government interference
free exercise clause
a clause in the U.S. Constitution that guaantees to all persons the right to freely practice their religion.
mistake in name
a written or oral request made to a court for certain action to be taken
motion for a more definite statement
a motion by a party, when a pleading is vague, asking the court to order the other party to make a more definite statement
motion for judgment on the pleadings
a motion by either party for a judgment in that party's favor based solely on information contained in the pleadings
motion for summary judgment
a motion that may be made when all of the papers filed in a case show that there is no genuine issue of fact and that the party making the motion will win the case as a matter of law.
motion for recusal
a request that a judge disqualify himself or herself from a case because of bias or prejudice
motion for dismiss
a motion made by the defendant asking the court to dismiss the case.
motion to strike
a motion asking the court to order the other party to remove from a pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.
the termination of an action that did not adjudicate issues on the merits
to annul, make void, or refuse to sustain
the plantiff's answer to the defendant's counterclaim
an immediate decision by the court without going to trial based on the papers filed by the parties