Court Procedures Flashcards
6 cards from real Legal Support practice questions. Tap to flip, then mark Knew It or Still Learning โ missed cards come back until you master them.
Read the first 6 Court Procedures flashcards as text
What is the first document filed to initiate a civil lawsuit?
Answer: Complaint
A complaint is the initial pleading filed by the plaintiff that sets out the claims against the defendant and the relief sought.
How long does a defendant typically have to respond to a complaint in federal court?
Answer: 21 days
Under the Federal Rules of Civil Procedure, a defendant must serve an answer within 21 days after being served with the summons and complaint.
What is a 'motion to dismiss' used for?
Answer: To request the court terminate the case before trial
A motion to dismiss asks the court to end the case at an early stage because of a legal deficiency, such as failure to state a claim.
What is the purpose of a 'scheduling order' in federal court?
Answer: To set deadlines for discovery and trial preparation
A scheduling order is issued by the court to set deadlines for completing discovery, filing motions, and preparing for trial.
What is a 'default judgment'?
Answer: A judgment against a party who fails to respond or appear
A default judgment is entered against a defendant who fails to respond to a complaint or appear in court within the required time.
What does 'service of process' accomplish?
Answer: Formally notifies a party of legal proceedings against them
Service of process is the formal delivery of legal documents to notify a party that a legal action has been initiated against them, ensuring due process.