Civil Litigation Procedures Flashcards
6 cards from real CP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Civil Litigation Procedures flashcards as text
What is the primary purpose of a motion for summary judgment?
Answer: To obtain judgment without a full trial when no genuine dispute of material fact exists
A motion for summary judgment argues that there are no genuine disputes of material fact and the moving party is entitled to judgment as a matter of law.
Which document formally begins a civil lawsuit?
Answer: A complaint
A complaint is the initial pleading filed by the plaintiff that sets forth the claims and requests relief.
What is the standard of proof in most civil cases?
Answer: Preponderance of the evidence
Preponderance of the evidence means it is more likely than not that the claim is true.
During which phase of litigation does a party request documents, interrogatories, and depositions?
Answer: Discovery phase
Discovery is the pre-trial phase where parties exchange information and gather evidence.
What is a default judgment?
Answer: A judgment entered when the defendant fails to respond within the required time
A default judgment is entered against a party who fails to plead or otherwise defend within the time allowed.
Which type of challenge allows an attorney to remove a potential juror without stating a reason?
Answer: Peremptory challenge
A peremptory challenge allows dismissing a juror without reason, though it cannot be used for discriminatory purposes.