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Judicial Assistant- CIVIL Terms
Terms in this set (29)
the response of a defendant to the plaintiff's complaint or petition, denying in part or in whole the allegations made by the plaintiff and setting out affirmative defenses
a process of dispute resolution in which a neutral third party, or a panel, renders a decision after a hearing at which both parties have an opportunity to be heard. Arbitration is less formal and less complex than traditional court proceedings
the legal process of seizing another's property in accordance with a writ or judicial order for the purpose of securing satisfaction of a judgment yet to be rendered
change of venue
the transfer of a civil or criminal case from one judicial district to another
the original or initial pleading by which an action is commenced under statues and rules of civil procedures. It is the pleading, which sets forth a claim for relief.
an agreement between two or more persons or entities that creates, changes, or eliminates a legal relationship; an agreement between two or more persons or entities which creates an obligation to do or not to do a particular thing
an award of money, made to the successful party (and recoverable from the losing party), for expenses in bringing an action or defending an action or a distinct proceeding with an action
compensation or indemnity, which may be recovered in the Courts by any person who has suffered loss, detriment, or injury, whether to one's person, property, or rights, through the unlawful act or omission or negligence of another. A sum of money awarded to a person injured by the tort of another.
a demurrer raises issues of the law, not fact, regarding the form of content of the opposing party's pleading (complaint, answer or cross-complaint). Demurrers do not challenge the truthfulness of the complaint. For purposes of the demurrer, all facts alleged in the complaint are assumed to be true, however improbable.
the right of the government to take private property for public use and provides fair compensation to the owner
to complete all terms of a contract or will; to sign a document; to take the life of a convicted person under the authority of the state
the withholding of wages to satisfy a civil judgment
the obligation resting on one person to make good any loss or damage that another has incurred
a court order prohibiting a person from doing or continuing to do a specific act or commanding someone to undo some wrong or injury
a procedure to determine which of two or more persons who are bringing the same suit against another party is the rightful claimant
the final decision of the judge stating which party has prevailed and the terms of the decision
the abbreviation for "judgment notwithstanding the verdict". A court ruling in favor of one party despite the fact that there has been a jury verdict for the other party
to assess; raise; execute; exact; tax; collect; gather; take up; seize.
presentation of false and malicious written, printed, or published material that is defamatory and injures the reputation of an individual
a claim that bars the sale or transfer of specific property until payment of a debt or obligation is made (like collateral?)
a process in which a neutral third party assists disputing parties in reaching a mutually acceptable settlement. The neutral third party attempts to clarify the dispute for the parties and provides suggestions for resolution
the failure of a person to use the degree of care a reasonable person would exercise in a given situation to protect the rights, person, and property of others
a civil case that includes actions for damages for physical injury to persons and actions for wrongful death
the person against whom an appeal is made; the responding party in a dissolution, nullity, adoption, probate matter, or any petition
oral defamation of a person's character or reputation through false or malicious statements
summary judgment (summary)
the Court's decision prior to a trial directing that the action has no triable issue of disputed fact and the one party is entitled to judgment as a matter of law
a person who rents or leases property
a private or civil wrong not involving a contract; failure to perform some duty imposed by law or custom, resulting in injury to another
the act of continuing to occupy real property when the right to it has been terminated
THIS SET IS OFTEN IN FOLDERS WITH...
Judicial Assistant- CRIMINAL terms
Judicial Assistant- JUVENILE terms
Judicial Assistant- PROBATE terms
Jury Trial Terms
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