Civil Litigation & Trial Support Flashcards
7 cards from real ALP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Civil Litigation & Trial Support flashcards as text
What is the initial pleading filed by a plaintiff to commence a civil lawsuit?
Answer: Complaint
A complaint is the initial pleading filed by the plaintiff that sets forth the basis of jurisdiction, the facts supporting the claim, and the relief requested.
Which document is served on the defendant alongside the complaint to officially notify them of the lawsuit?
Answer: Summons
A summons is a court-issued document served with the complaint that officially notifies the defendant of the lawsuit and requires them to respond within a specified time.
What is the primary purpose of a 'statute of limitations' in civil litigation?
Answer: To establish the time period within which a lawsuit must be filed
The statute of limitations sets a deadline by which a plaintiff must file a lawsuit; claims brought after that period are time-barred and may be dismissed.
What is 'service of process' in civil litigation?
Answer: Formal delivery of legal documents to a party to establish jurisdiction and provide notice
Service of process is the formal procedure of delivering the complaint and summons to the defendant to establish personal jurisdiction and provide constitutionally required notice.
What is a 'default judgment' in civil litigation?
Answer: A judgment entered against a defendant who fails to respond to the complaint within the required time
A default judgment is entered by the court against a defendant who fails to answer or otherwise respond to the complaint within the required time period.
What is an 'answer' in the context of civil litigation pleadings?
Answer: The defendant's formal written response to each allegation in the plaintiff's complaint
An answer is the defendant's formal written pleading that admits or denies each allegation in the complaint and asserts any applicable affirmative defenses.
What is a 'counterclaim' in civil litigation?
Answer: A claim asserted by the defendant against the plaintiff within the same action
A counterclaim is a claim asserted by the defendant against the plaintiff in the same lawsuit, allowing the defendant to seek affirmative relief from the plaintiff.