Negligence
Breach of contract
Cause of action
Affirmative defense
Statutes of Limitation
Counterclaim
Subpoena
Prima facie case
Dispositive motions
Billing and initial instructions to client
Parties to an action
Partnership, Sole Proprietorship
Real party in interest
Assignment
Subrogation
Joinder of parties
Subject matter jurisdiction
Case or controversy
Federal question jurisdiction
Pendant jurisdiction
Sovereign immunity
Diversity Jurisdiction
Complete diversity
Jurisdictional amount
Ancillary jurisdiction
Personal jurisdiction
In personum jurisdiction
In rem action
Quasi in rem action
Due process
Minimum contacts
Service of process
Long-arm statutes
Venue
Choice of court, choice of law
pleadings
Four forms of claims: complaint, counterclaim, cross-claim, third party complaint
Notice pleading
Under Rule 7(a) the only basic pleadings allowed in civil actions are: complaints, answers, and replies
All forms are actually complaints
Notice pleadings
Caption (contents of)
Rule 11 (reasonable inquiry)
Certificate of service
Complaint (page 12 of paralegal notes)
Statement of claims (short and plain statement; use plain English; use separate counts)
Prayer for relief
Default judgment
Summons
Timeliness of service
Rule 12 (if he hasn't answered the complaint he has 20 days to do so
Rule 12 motions (there are three that can be made before filing an answer)
Rule 12(b) defenses there are 5-7 of them)
Answer (must be within 20 days)(admit, deny, or no knowledge of belief) affirmative defenses
The answer may have three parts
Denying all allegations not specifically admitted is a safe practice
Affirmative defenses (part 2)
Counterclaims (part 2)
Compulsory counterclaims
Permissive counterclaims
Recoupment
Cross claims
Impleader
Interpleader
Class actions
Amendment of pleadings and supplemental pleadings
Motions
Proof of service
Consent order
Extension of time
Removal
Discovery (section heading)
Five methods of discovery
Interrogatories
Document production
Document production 2
Drafting a RFD
Rule 35 (b)(1) furnishing copy of medical exam
Rule 34
Rule 26b
Rule 26b
Physical or medical exam
Physical or medical exam 2
Scope of discovery
Insurance agreements are open to discovery
Experts: Rule 26(b)(4)(A)
Responses to requests to produce (usually respond within 30 days, but reasonable)
Objections to production: relevance, privilege, nuiscance (3 objections)
Most production requests worked out informally between lawyers
Making copies in a document production
Bate stamping
Subpoena duces tecum
Indexing of documents
Redacting
Depostions:3-4 pages of description
Rule 30: depositions
Subpoena ad testificandum
Deposition transcript
Rule 30(c) objection during a deposition
Scheduling a deposition
Scheduling a deposition 2
Deposing a nonparty witness(expert)
Notice of deposition
Preparation for deposition
Deposition outline (sample)
Client preparation for dep
Client preparation for dep2
Client preparation for dep3
Client preparation for dep4
Client prep specific answers
Deposition summaries
Dep summaries: 3 types-narrative, chronological, and subject
Index
RFA - request for admission
Negligence
Negligence
Negligence
Negligence