BA230 Oregon State Exam 2 -Solved

Stages of litigation - ANSWER-1. Pre-trial phase 2. Trial phase 3. Trial itself Types of attorney fees - ANSWER--fixed: charged for the performance of services -hourly: charged for an indeterminate amount of time in civil cases -contingency: fixed percentage (33%) of a client's earnings from the case, like personal injury pleadings - ANSWER-inform each party of the other's claims, reveal the facts and specify the issues involved in the case contents of the complaint - ANSWER--jurisdiction: facts showing that the particular court has jurisdiction -evidence that the defendant violated your right or injured you -prayer for relief; seeking a remedy service of process & summons - ANSWER-service of process: plaintiff must send complaint to the defendant and notify them of the lawsuit summons: requires them to appear in court and answer the complaint defendant's answer to summons - ANSWER-admits or denies allegations and can give defenses to those allegations default judgment - ANSWER-if the defendant fails to respond to a summons, the plaintiff would be awarded the damages alleged in her complaint why go to default judgment? - ANSWER-process of service was ineffective and not received, or the defendant can't pay when can the defendant raise affirmative defense for a summons? - ANSWER-admits the truth but they have a legal excuse that makes them not liable or they had legal justification to commit the crime counterclaim - ANSWER-can sue the person back, if you have facts that prove or disprove the lawsuit against you that are the same facts used in your lawsuit dismissal and judgment before trial - ANSWER--motion to dismiss -motion for judgment on pleadings -motion for summary judgment motion to dismiss - ANSWER-failure to state a claim, jurisdictional issue, summons issue