LT-01 Chapter 3
Ex Parte
(1) that the defendant is not withing its jurisdiction (but the defendant's property is thereby giving it quasi in rem jurisdiction, (2) that a danger exists that defendant will concel the property (3) that a danger exists that the defendant will damage or destroy the property
Counterclaim
A claim that the defendant has against the plaintiff
Litigation
A court action/a suit of law
Default Judgment
A court decision entered against a party who has filed to plead or defend a lawsuit
Complaint
A formal document containing a short and plain statement of the claim, indicating the plaintiff is entitled to relief and containing a demand for the relif sought
Summons
A formal notice to the defendant that a lawsuit has begun and the defendant either must file an answer withing the number of days set by state law or lose the case by default 20 Days In General Civil 5 Days File an answer for Rental property
Docket Number
A number assigned to each case by the clerk of courts
Process Server
A person who carries out service of process
Trustee or Garnishee
A person who holds legal title to property in trust for another/A third party who holds money or property that is subjected to a garnishment action
Ripeness Doctorine
A principle under which the court will not hear a case unless there is an actual, present controversy for the court to decided
Garnishment
A procedure for attaching a defendant's property that is in the hands of a third person
Trustee Process
A procedure for attaching the defendant's property that is in the hands of a third person
Docket
A record of cases that are filed with the court
Statute of Limitations
A time limit, for bringing a cause of action regardless of within which suit must be commenced after the cause of action accrues
Substituted Service
A type of service in which the summons and complaint are delivered to the defendant's agent, mailed, or published in a newspaper
Constructive Service
A type of service in which the summons and complaint are left at the defendant's last and usual place of abode
Petition
A written application for a court order
Writ of Garnishment
A written order of a court ordering a garnishee not to give out money or property held for another, but to appear and answer the plaintiff's suit
Writ of Attachment
A written order to the sheriff, commanding the sheriff to attach the real or personal property of the defendant.
The defendant's pleading in written response to a plaintiff's complaint.
Answer
Justiciable
Appropriate for court assessment
Pleadings
Are written statements of claims and defenses used by the parties in the lawsuit.
Burden of Proof
Civil- By preponderance of evidence. To win a civil case, the plantiff must prove the case by a preponderance of evidence.
Verdict
Decision of the jury
Service of Process
Delivering a copy of summonses or other legal documents to the people who are requited to receive them.
References to defendants whose names are unknown
Doe defendants
Federal Rules of Civil Procedure
Govern civil cases brought in federal courts -1938, Rev. 2006 Rules of Discovery
Enforcing the Judgment
If losing party is order to pay money to the winning party and does not do so, the winning party must ask the for a writ of excution
Writ of Execution
If losing party is ordered to pay money to winning party and does no do so, the winning party must ask court for a
Lien/Encumbrance
Is a claim that one person or entity has against the property of another. A lien, charge, or liability attached to and biding on real property
Class Action
Is a lawsuit brought, with the court's permission, by one or more persons on behalf of a very large group of people who have the same interest in the matter
Summary of Proceedings
Is a name given to a short and simple trial. Proceedings held in small claims courts are examples of summary proceedings
Affiant/Deponent
Is a person who signs an affidavit
Writ
Is a written order of a court, returnable to the same, commanding the performance or nonperformance of an act.
Affidavit
Is a written statement sworn to under oath, before a notary public, as being true to the affiant's own knowledge, information and belief
Process
Is defined as the means of compelling the defendant in an action to appear in court
Verification
Is written statement made by the plaintiff, under oath, confirming the correctness, truth, or authenticity of a pleading
Allege or Adver
Make an allegation; to assert positively
Standing to Sue
Means that a party has a tangible, legally protected interest at stake in a lawsuit
Ex Parte
Means that the hearing is attended by one party only.
Litigants
Parties to a lawsuit
Lis Pendens
Pending lawsuit
Legal Issues
Questions of law to be decided by the court in a lawsuit
Civil Action
That is, a lawsuit other than a criminal one-come about when two or more people become involved in dispute that they are unable to settle by themselves. Seeks third party, the court, settle the dispute for them (a lawsuit)
Attachment
The act of taking or seizing property by the use of a writ, summons, or other judicial order and bringing it into the custody of the court so that it may be applied toward the defendant's debt if the plaintiff wins the case
Trial Docket or Trial List
The calendar of cases that are ready for trial
Ad Damnum
The clause in complaint stating the damages claimed by the plantiff
Cause of Action
The complaint sets forth the plaintiff action which is the ground on which the suit is maintained
Doe Defendants
The device used to refer to defendants whose names are unknown
Gravamen
The essential basis or gist of a complaint
Answer
The main pleading filed by the defendant in a lawsuit in response to the plaintiff's complaint.
Defendant
The person against whom the suit is brought
Plaintiff
The person who brings a legal action against another.
Personal Service
The personal delivery of a copy of the summons and complaint to the defendant
Verify
To prove to be true
Ver-
Used in the term "verification" is from the Latin word for "truth,"
The clause in the complaint stating the damages claimed by the plantiff
ad damnum
A person who signs an affidavit
affiant
A written statement sworn to under oath, before a notary public, as being true to the affiant's own knowledge, information, and belief.
affiant
Claims that the party making it expects to prove
allegation
To make an allegation; to assert positively
allege
The act of taking a person's property and bringing it into the custody of the law so that it may be applied toward the defendant's debit if the plaintiff wings a case
attachment
To make an allegation; to assert positively
aver
The ground on which a suit is maintained
cause of action
A formal document containing a short and plain statement of the claim, indicating that the plaintiff is entitled to relief and containing a demand for the relief sought
complaint
A type of service in which the summons and complaint are left at the defendant's last and usual place of abode
constructive service
A defendant's suit filed against the plantiff
conterclaim
A formal document containing a short and plain statement of the claim, indicating that the plaintiff is entitled to relief and containing a demand for the relief sought
declaration
A court decision entered against a party who has failed to plead or defend a lawsuit
default judgment
A person against whom a lawsuit is brought
defendant
A person who signs an affidavit
deponent
A record of cases that are filed with court
docket
A number assigned to each case by the clerk of court.
docket number
A claim that one person or entity has against the property of another, a lien, charge, or liability attached to and binding on real property.
encumbrance
On one side only
ex parte
A procedure for attaching the defendant's property that is in the hands of third person.
garnishment
The essential basis or gist of complaint filed in a lawsuit
gravamen
Appropriate for court assessment
justiciable
Questions of law to be decided by the court in a lawsuite
legal issues
A claim that one person or entity has against the property of another, lien, charge, or liability attached to and binding on real property,
lien
A pending suit
lis pendens
A party that has a tangible, legally protected interest at stake in a lawsuit.
litigants
A suit of law
litigation
The delivery of a copy of the summons and complaint to the defendant personally.
personal service
A written application for a court order
petition
The written statements of claims and defenses, used by the parties in the lawsuit
pleadings
Evidence of the greater weight
preponderance of the evidence
Regulation that govern the proceedings in civil cases
process
The means of compelling the defendant in action to appear in court
process
The principle under which the court will not hear a case unless thered is an actual present controversy for the court to decisde
ripeness doctrine
The delivering of summonses or other legal documents to the people who are required to receive them
service process
Set time limit for how long plaintiffs can wait to file a lawsuit
statute of limitations
A short and simple trial
summary proceeding
A formal notice to the defendant that a lawsuit has begun and that the defendant either must file an answer withing the number of days set by state law or lose the case by default
summons
The calendar of cases that are ready for trial
trial docket
The calendar of cases that are ready for trial
trial list
A person who holds legal title to property in trust for another
trustee
A written statement made under oath, confirming the correctness, truth, or authenticity of pleading
verification
A written order to the sheriffs to attach the real or personal property of the defendant
writ of attachment
A written order to the sheriff, commanding the sheriff to enforce a judgement of the court
writ of execution