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