Civil Procedure Leg 10390f
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The document summarizes several Indiana Trial Rules regarding civil procedure. It discusses rules around commencing an action (Rule 3), appearances (Rule 3.1), process and jurisdiction (Rule 4), time calculations (Rule 6), pleadings and motions (Rules 7-10). Key points include how an action is commenced by filing a complaint, the required information in appearances, methods of serving process, deadlines, and formatting requirements for pleadings.
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This document provides instructions for completing an Affidavit and Claim form to bring a lawsuit against someone in small claims court for money owed or property damage up to $3,000. It outlines how to fill out the form with information like the plaintiff and defendant's names and addresses, the nature of the dispute, amount claimed, and a summary of events. It also describes the filing process and next steps, which include paying a fee, having the defendant served, and attending a required hearing to present the case.
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Each question is worth 2 points, for a total of 100 points.T.docx
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True / False
1. Statutory law is created by legislatures.
2. A trial court is also known as a court of appellate jurisdiction.
3. Subject matter jurisdiction is a court’s power over the parties in a case.
4. The state court intermediate court of appeal in Wisconsin is the 7th Circuit Court of Appeals.
5. The burden of proof in a civil case is beyond a reasonable doubt.
6. In the case of a strict liability crime, the prosecutor does not have to prove that the defendant had a guilty mind (or criminal intent).
7. Battery is a crime, but not a tort.
8. Fraud is a crime, but not a tort.
9. Insider trading is a type of securities fraud.
10. A felony is punishable by less than one year in jail.
11. The 6th Amendment protects criminal defendants from unlawful searches and seizures.
12. The tort of assault requires the proof of an intentional, unwanted or reasonably offensive bodily contact.
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14. To prove a negligence case, the plaintiff must show that the defendant breached his duty of care.
15. Negligence torts require a mens rea.
16. Assumption of the risk cannot be used as a defense in a negligence case.
17. The concept of strict liability can be relevant in both criminal and tort cases.
18. Silence can generally be used indicate the acceptance necessary to form a contract
19. Past consideration or a pre-existing duty are generally not sufficient consideration to create a binding contract.
20. As a general rule, contracts entered into by persons who lack legal capacity are voidable.
21. Minors cannot be held liable for the reasonable value of “necessaries” they receive because the contracts they enter into are voidable.
22. A mutual mistake of fact can serve as grounds to rescind a contract.
23. Fraudulent misrepresentation can be considered a crime, a tort, or a reason for rescinding an otherwise valid contract.
24.
25.
Matching: Match the word or phrase with its definition. You will NOT use all of the lettered definitions.
26. De novo _____
27. Standing _____
28. Actus reus _____
29. Arbitration _____
30. Service of Process _____
31. Indictment _____
32. Mens rea _____
33. Clearly erroneous _____
34. Tortfeasor _____
35. Actual cause _____
36. Mailbox rule _____
37. Reasonable person standard _____
38. Comparative negligence _____
39. Proximate cause _____
40. Consideration _____
A. The “guilty act” element of a crime.
B. A bargained-for exchange.
C. A determination that the defendant’s breach of duty resulted directly the plaintiff’s harm.
D. Findings of fact made by a trial court are reviewed under this standard.
E. A type of ADR involving a neutral third party decision-maker.
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