Federal Rules of Civil Procedure

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Definition

Pleading is the beginning stage of a lawsuit in which parties formally submit their claims and defenses.

Overview

The plaintiff submits a complaint stating the cause of action. The defendant submits an answer stating his or her defenses...

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Definition

Res judicata translates to "a matter judged."

Overview

Generally, res judicata is the principle that a cause of action may not be relitigated once it has been judged on the merits. "Finality" is the term which refers to when a court...

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Definition

Summary judgment is a judgment entered by a court for one party and against another party without a full trial.

Overview

In civil cases, either party may make a pre-trial motion for summary judgment.

Rule 56 of the Federal Rules...

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Overview

Temporary restraining orders (TRO) are short-term pre-trial temporary injunctions. To obtain a TRO, a party must convince the judge that he or she will suffer immediate irreparable injury unless the order is issued. If the judge is convinced...

(LIIBULLETIN preview)

Unitherm Food Systems ("Unitherm"), a manufacturer and supplier of food processing machinery, sued Swift-Eckrich, doing business as ConAgra Refrigerated Foods ("ConAgra"), for defrauding the Patent Office, misrepresenting itself to Unitherm, improperly...

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