POFL-1305 Legal Terminology Chapter 3 Exercise

The clause in the complaint stating the damages claimed by the plaintiff

A- ad damnum

Parties to a lawsuit

A-litigants

Questions of law to be decided by the court in a lawsuit

AA- legal issues

A person who signs an affidavit. (select 2 answers)

B-affiant R-deponent.

A suit at law

B-litigation

A written statement sworn to under oath, before a notary public, as being true to the affiant's own knowledge, information, and belief.

C-affidavit

The delivery of a copy of the summons and complaint to the defendant personally

C-personal service

A pending suit

CC-lis pendens

Claims that the party making it expects to prove

D- allegation

A written application for a court order

D-petition

To make an allegation; to assert positively (select 2 answers)

E-allege H-aver

The defendant's pleading in written response to the plaintiff's complaint.

F-answer

To begin a lawsuit, the plaintiff's attorney files a "summons" with the clerk of the court

False. Complaint

An ex parte session of the court is attended by "both parties" to the suit

False. Only one party.

When real property is attached, the writ of attachment is recorded at the "city or town hall" where the property is located

False. Recorded at the registry of deeds in the county where real property is located.

A "complaint" is a formal notice to the defendant that a lawsuit has begun and that the defendant either must file an answer within the number of days set by state law or lose the case by default

False. Summons

The procedure for attaching the defendant's property that is in the hands of a third person is called "a writ of encumbrance" in some states

False. Writ of Garnishment.

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 debt if the plaintiff wins the case.

G-attachment

The written statements of claims and defenses used by the parties in a lawsuit

G-pleadings

Evidence of the greater weight

H-preponderance of evidence

The ground on which a suit is maintained

I-cause of action

The principle under which the court will not hear a case unless there is an actual present controversy for the court to decide

K-ripeness doctrine

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. (select 2 answers)

L-complaint O-declaration

Regulations that govern the proceedings in civil cases

L-rules of civil procedure

A type of service in which the summons and complaint are left at the defendant's last and usual place of abode.

M-constructive service

The delivering of summonses or other legal documents to the people who are required to receive them

M-service of process

A defendant's suit filed against the plaintiff

N- counterclaim

A party that has a tangible, legally protected interest at stake in a lawsuit

N-standing to sue

A number assigned to each case by the clerk of court.

T-docket number

"Pleadings" help to narrow the issues for trial so that both parties and the court know what legal issues must be decided

True

A "writ of attachment" is a written order to the sheriff to attach the property to the defendant

True

A trustee process "summons" order the trustee to file, within a prescribed number of days, a disclosure under oath of the goods, effects, or credits of the defendant that are in the possession of the trustee

True

An affiant is also known as a "deponent"

True

References to defendants whose names are unknown

U-doe defendants

A person who hold legal title to property in trust for another

U-trustee

A claim that one person or entity has against the property of another. (select 2 answers)

V-encumbrance BB-lien

On one side only.

W- ex parte

A written statement made under oath, confirming the correctness, truth, or authenticity of a pleading

W-verification

A procedure for attaching the defendant's property that is in the hands of a third person.

X-garnishment

A written order of a court, returnable to the same, commanding the performance or non-performance of an act

X-writ

The essential basis or gist of a complaint filed in a lawsuit.

Y-gravaman

A written order to the sheriff commanding the sheriff to attach the real or personal property of the defendant

Y-writ of attachment

Appropriate for court assessment

Z-justiciable

A written order to the sheriff, commanding the sheriff to enforce a judgment of the court

Z-writ of execution

Set time limit for how long plaintiffs can wait to file a lawsuit

O-statute of limitations

A court decision entered against a party who has failed to plead or defend a lawsuit

P-default judgment

A person against whom a lawsuit is brought

Q- defendant

A short and simple trial

Q-summary proceedings

A formal notice to the defendant that a lawsuit has begun and that the defendant either must file an answer within the number of days set by state law or lose the case by default

R-summons

A record of cases that are filed with the court

S-Docket

The calendar of cases that are ready for trial

S-trial docket/T-trial list

To obtain an attachment, under a typical state law, the plaintiff's attorney files a motion for attachment with the court "at the same time that" the complaint is filed

True