ENR 4400 EXAM WITH
COMPLETE SOLUTION
What is cause of action? - Answer The fact or combination of facts that gives a person
the right to seek judicial relief against another
What is the cornerstone of a complaint? - Answer Cause of action
What is the pleading that initiates a lawsuit? - Answer Cause of action
What is the plaintiff? - Answer a person who brings a case against another in a court of
law (files the claim)
Also called the claimant
In a higher court, was is the plaintiff called? - Answer The appellant
Who is the defendant? - Answer person being sued, also called respondent
In an appellate court, called the appellee
What information is in the complaint? - Answer Nature of plaintiff's injury/claim
Damages amount
Remedy
What is the complaint and all subsequent filings called? - Answer Pleadings
What're the summons? - Answer The time stamped documents the court sends to the
defendant. Informs they are being sued and commands them to be in court on a specific
date and respond to the complaint of the plaintiff
What is notice pleading? - Answer A system of pleading requirements that only
emphasizes pleadings as way to notify parties of general issues in a case. Basically, you
only need enough detail to put the defendant on notice.
Goal is to relax strict/technical rules and favor pro se appellants. The complaint only
needs to be a short and plain statement of complaint of action
Focus should not be on the complaint but on discovery
What is the goal of notice pleading? - Answer Goal is to relax strict/technical rules and
favor pro se appellants. The complaint only needs to be a short and plain statement of
complaint of action
Focus should not be on the complaint but on discovery
, What do the summons advise the defendant? - Answer (S)he must answer with the court
within a set period of days (30) and that absent of answer, default judgement granted to
plaintiff
What is judgement by default? - Answer Under rules of civil procedure, when a party
against whom a judgement or relief is sought has failed to plead an answer.
Plaintiff wins without going any further
What might a defendant respond with to a complaint - Answer Admit, deny, plead
ignorance, add a party (wasn't me) or file a counterclaim
If neither, assumed to have admitted
What is a counterclaim? - Answer A claim filed by the original defendant against a third
party defendant that the original defendant believes is wholly or partially responsible for
the plaintiff's alleged injuries
What is the discovery period? - Answer Time between commencement of action and trial
date.
Focus on gathering all the facts, collecting evidence and "fleshing out" complaint
Helps to identify prospective witnesses and other parties
What is privileged information? - Answer Certain subject matters that cannot be
inquired into in anyway. Such information is not subject to disclosure or discovery and
cannot be asked about in testimony
What are privileged communications? - Answer Conversations that take place within the
context of a protected relationship such as with one's spouse, attorney, physician or
spiritual counselor (clergy)
What are the methods of discovery? - Answer Depositions
Interrogatories (limited to 25)
Inspection of documents
Physical or Mental Examinations
Requests for Admissions
What're depositions? - Answer Taking sworn, out-or-court oral testimony of a witness
that may be reduced to a written transcript for later use in court for discovery purposes
Most common method of discovery and most effective
What is a subpoena? - Answer A court order requiring someone to appear in court
What is a subpoena duces tecum? - Answer a written command to bring records,
COMPLETE SOLUTION
What is cause of action? - Answer The fact or combination of facts that gives a person
the right to seek judicial relief against another
What is the cornerstone of a complaint? - Answer Cause of action
What is the pleading that initiates a lawsuit? - Answer Cause of action
What is the plaintiff? - Answer a person who brings a case against another in a court of
law (files the claim)
Also called the claimant
In a higher court, was is the plaintiff called? - Answer The appellant
Who is the defendant? - Answer person being sued, also called respondent
In an appellate court, called the appellee
What information is in the complaint? - Answer Nature of plaintiff's injury/claim
Damages amount
Remedy
What is the complaint and all subsequent filings called? - Answer Pleadings
What're the summons? - Answer The time stamped documents the court sends to the
defendant. Informs they are being sued and commands them to be in court on a specific
date and respond to the complaint of the plaintiff
What is notice pleading? - Answer A system of pleading requirements that only
emphasizes pleadings as way to notify parties of general issues in a case. Basically, you
only need enough detail to put the defendant on notice.
Goal is to relax strict/technical rules and favor pro se appellants. The complaint only
needs to be a short and plain statement of complaint of action
Focus should not be on the complaint but on discovery
What is the goal of notice pleading? - Answer Goal is to relax strict/technical rules and
favor pro se appellants. The complaint only needs to be a short and plain statement of
complaint of action
Focus should not be on the complaint but on discovery
, What do the summons advise the defendant? - Answer (S)he must answer with the court
within a set period of days (30) and that absent of answer, default judgement granted to
plaintiff
What is judgement by default? - Answer Under rules of civil procedure, when a party
against whom a judgement or relief is sought has failed to plead an answer.
Plaintiff wins without going any further
What might a defendant respond with to a complaint - Answer Admit, deny, plead
ignorance, add a party (wasn't me) or file a counterclaim
If neither, assumed to have admitted
What is a counterclaim? - Answer A claim filed by the original defendant against a third
party defendant that the original defendant believes is wholly or partially responsible for
the plaintiff's alleged injuries
What is the discovery period? - Answer Time between commencement of action and trial
date.
Focus on gathering all the facts, collecting evidence and "fleshing out" complaint
Helps to identify prospective witnesses and other parties
What is privileged information? - Answer Certain subject matters that cannot be
inquired into in anyway. Such information is not subject to disclosure or discovery and
cannot be asked about in testimony
What are privileged communications? - Answer Conversations that take place within the
context of a protected relationship such as with one's spouse, attorney, physician or
spiritual counselor (clergy)
What are the methods of discovery? - Answer Depositions
Interrogatories (limited to 25)
Inspection of documents
Physical or Mental Examinations
Requests for Admissions
What're depositions? - Answer Taking sworn, out-or-court oral testimony of a witness
that may be reduced to a written transcript for later use in court for discovery purposes
Most common method of discovery and most effective
What is a subpoena? - Answer A court order requiring someone to appear in court
What is a subpoena duces tecum? - Answer a written command to bring records,
