Week 7-8 Lecture Flashcards Preview

LAS110 - Civil Pro II > Week 7-8 Lecture > Flashcards

Flashcards in Week 7-8 Lecture Deck (34)
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1
Q

Arbitration can be (1) or (2), which in turn can be decided by (3) or by (4).

A
  1. binding 2. non-binding 3. agreement between parties 4. court order
2
Q

Compulsory arbitration in Arizona happens at less than (1). (2) can throw this into doubt and make the case not subject for CA. A (3) says a case is not subject to compulsory arbitration.

A

1, $50,000 2. Pain and suffering 3. controverting certificate

3
Q

Parties can have a (1) for arbitation. The (2) do apply, but where a (3) is normally considered hearsay, it is ok for arbitration. If arbitration is appealed, it goes to court (4)

A
  1. court reporter 2. rules of evidence 3. doctor’s report 4. de novo
4
Q

Offers of judgment are not (1) because that would take away incentive to settle. Offers of judgment are not (2), but are (3). If an OJ is accepted, this is a (4). The person making the judgment is never (5), though a person refusing one can be.

A
  1. admissible 2. filed with the court 3. noticed 4. settlement 5. sanctioned
5
Q

An offer of judgment can be (1), (2) or (3).

A
  1. accepted 2. rejected affirmatively 3. rejected by ignoring it for 30 days (deemed rejected)
6
Q

If the offeror gets a judgment (1) or (2) the offer of judgment, the one who refused the offer gets sanctioned by the (3). This is (4) from the time of making the offer, plus (5).

A
  1. equal to 2. greater than 3. court 4. taxable costs 5. expert fees
7
Q

It is in the offeror’s best interest to make an OJ as (1) as possible as (2) as possible.

A
  1. low 2. early
8
Q

The (1) for fees is that each pays his own way, regardless of (2). (3) and (4) can make exceptions to this.

A
  1. American Rule 2. win or loss 3. agreements (contracts, which judge cannot change) 4. statute/rule
9
Q

Punitive damages are (1) and have no interest in the (2).

A
  1. very rare 2. victim’s behavior (eg, cigarette smokers v. tobacco cos)
10
Q

Legal remedies are (1) where equitable remedies are (2).

A
  1. money 2. not money
11
Q

Provisional remedies are those obtained (1), which raises a red flag because of the lack of (2). However, they don’t (3) but simply put that part on (4). They may require the plaintiff to pay damages if (5).

A
  1. before trial 2. due process 3. allieviate trial 4. hold 5. lose at trial
12
Q

Two most common (and quiz-related) types of provisional remedies

A
  1. injunctions (stop an action–often a side remedy to a bigger action) 2. specific performance (rare! Unique stuff only!)
13
Q

3 types of injunctions

A
  1. permanent 2. temporary restraining order (Band-Aid) 3. preliminary (cast)
14
Q

Permanent injunctions involve a (1) instead of a (2). They are ordered upon (3) of the case and are (4) equitable remedy.

A
  1. whole cause of action 2. side action 3. merits of the case 4. pure
15
Q

TROs can be granted (1) which is very rare in litigation. They are (2) but can be transformed into a (3).

A
  1. ex parte (absence of other party) 2. fleeting (last only until hearing) 3. preliminary injunction
16
Q

3 ways a TRO may be granted without notice

A
  1. motion supported by affidavit/verified complaint – immediate, irreparably injury 2. affidavit of efforts made to provide notice 3. affidavit of reason why notice is not required
17
Q

6 prerequisites to both restraining orders and prelim injunctions

A
  1. security in amount court deems to cover costs/damages if wrongfully restrained (check to court, or bonding company) 2. demonstration of likelihood of success on merits 3. threatened injury exceeds injury to restrained party 4. not against public interest 5. inadequate legal remedy 6. more required for ex parte - quick argument - judge uses risk/benefit analysis
18
Q

A TRO Order is typed by the (1) to be signed by the (2) and must demonstrate (3), (4), (5), and (6).

A
  1. attorney 2. judge 3. why specific injury is irreparable 4. why it is granted without notice 5. acts enjoined (reasonable detail) 6. sets date for hearing for prelim injunction at early date (quick evidentiary hearing)
19
Q

Allegations in the (1) for the factual basis for the motion for prelim injunction, which should be (2) by the party. The two are usually filed (3). A TRO should contain a request for a preliinary injunction, since it will usually be more than (4) until trial.

A
  1. complaint 2. verified 3. simultaneously 4. 15 days
20
Q

A preliminary injunction has similar but (1) requirements than a TRO

A
  1. higher (more argument, evidence, etc.)
21
Q

The most coming reason given for Motion to Dismiss is (1). In examining a MtD, the court looks at the (2) of the (3)–at the (4) and (5) of it, such that something outside of it, like (6) would not be examined.

A
  1. failure to state a claim upon which relief can be granted 2. four corners 3. complaint 4. facts 5. law 6. evidence
22
Q

Though a preliminary injunction is usually preceded by a (1), you can attempt to go straight to this. A preliminary injunction requires (2) notice to the other party, and an (3) hearing.

A
  1. TRO 2. 5 days 3. evidentiary
23
Q

A preliminary inj. Hearing is determinative only on the (1), EXCEPT to show (2). Proof need not be replicated at (3). It requires (4) to be determined by the court in a (5). Unlike a TRO, it stays the action until (6).

A
  1. provisional remedy issue 2. likelihood of success on merits 3. trial 4. bond 5. bond hearing 6. goes until trial
24
Q

Writs of Possesion are the same as (1) and require no (2).

A
  1. repos 2. trial on merits
25
Q

Lis Pendens is the same as repo, but with (1). It places a (2) on the property, and (3) is recorded. This is often used for (4).

A
  1. real property 2. lien 3. notice 4. HOA fees
26
Q

For summary judgment, unlike MtD, the court looks at (1). This is a judgment entered by the court before (2). Where MtD is filed by the (3) only, MSJ can be filed by (4) OR (5).

A
  1. evidence 2. trial 3. defendant 4. plaintiff 5. defendant
27
Q

An MSJ can be (1) or (2). The difference between SJ and a jury trial is the lack of (3), which requires a lack of (4). Thus, the only argument is over (5) and the defense against an MSJ is to (6).

A
  1. partial 2. full 3. jury 4. dispute over material facts 5. law 6. there is a dispute of material facts
28
Q

An MSJ is made within (1) of trial OR by (2) in Arizona. It contains a (3) and a (4), which in turn contains (5) and (6).

A
  1. 90 days 2. scheduling order 3. motion 4. statement of facts 5. affidavits 6. evidence (exhibits, etc.)
29
Q

The respondant to an MSJ responds with a (1), (2) and (3). Response time in AZ is (4) and reply time is (5)./

A
  1. response 2. response to SOF 3. own SOF 4. 30 days 5. 15 days
30
Q

4 ways dismissals can happen

A
  1. stipulated (parties agree) 2. voluntary (entirely or just presently with ability to refile) 3. court-ordered involuntary 4. consent decree
31
Q

The plaintiff may file a voluntary dismissal before an (1) or (2) is filed.

A
  1. answer 2. MSJ
32
Q

3 reasons a court may dismiss a case

A
  1. failure to prosecute 2. failure to comply with court order 3. following motion from a defendant
33
Q

A consent decree outlines the details of the (1) and is (2) requesting (3) or (4)

A
  1. settlement agreed by parties 2. filed with court 3. approval 4. disapproval
34
Q

In an SOF, (1) can suffice as evidence because they are as good as testimony, although they CANNOT replace a (2). Response time to an MSJ is extra because it can (3). SOFs REQUIRES (4) and thus, some (5).

A
  1. affidavits by the client 2. deposition 3. end a case. 4. evidence 5. discovery