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Legal Terminology > CH. 3 > Flashcards

CH. 3 Flashcards

1
Q

ad damnum

A

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

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2
Q

affiant & deponent

A

A person who signs an affidavit.

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3
Q

affidavit

A

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

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4
Q

allegation

A

Claims that the party making it expects to prove.

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5
Q

allege & aver

A

To make an allegation; to assert positively.

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6
Q

answer

A

The defendant’s pleading in written response to the plaintiff’s complaint

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7
Q

attachment

A

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.

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8
Q

cause of action

A

The ground on which a suit is maintained.

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9
Q

civil action

A
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10
Q

class action

A
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11
Q

complaint & declaration

A

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.

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12
Q

constructive service

A

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

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13
Q

counterclaim

A

defendant’s suit filed against the plaintiff.

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14
Q

default judgment

A

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

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15
Q

defendant

A

person against whom a lawsuit is brought.

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16
Q

docket

A

A record of cases that are filed with the court.

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17
Q

docket number

A

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

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18
Q

Doe defendants

A

References to defendants whose names are unknown.

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19
Q

encumbrance & lien

A

A claim that one person or entity has against the property of another.

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20
Q

ex parte

A

On one side only.

21
Q

garnishment

A

A procedure for attaching the defendant’s property that is in the hands of a third per
son.

22
Q

gravamen

A

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

23
Q

justiciable

A

Appropriate for court assessment.

24
Q

legal issues

A

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

25
Q

lis pendens

A

A pending suit.

26
Q

litigants

A

Parties to a lawsuit.

27
Q

litigation

A

A suit at law.

28
Q

personal service

A

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

29
Q

petition

A

A written application for a court order.

30
Q

plaintiff

A

One who brings a lawsuit.

31
Q

pleadings

A

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

32
Q

preponderance of evidence

A

Evidence of the greater weight.

33
Q

process

A

The means of compelling the defendant in an action to appear in court

34
Q

process server

A

A person who carries out service of process.

35
Q

ripeness doctrine

A

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

36
Q

rules of civil procedure

A

Regulations that govern the proceedings in civil cases.

37
Q

service of process

A

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

38
Q

standing to sue

A

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

39
Q

statute of limitations

A

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

40
Q

substituted service

A

A type of service in which the summons and complaint are delivered to the defend
ant’s agent, mailed, or published in a newspaper

41
Q

summary proceeding

A

A short and simple trial.

42
Q

summons

A

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

43
Q

trial docket & trial list

A

The calendar of cases that are ready for trial.

44
Q

trustee

A

A person who holds legal title to property in trust for another.

45
Q

v. trustee process

A
46
Q

verification

A

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

47
Q

writ

A

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

48
Q

writ of attachment

A

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

49
Q

z. writ of executio

A

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

Legal Terminology (18 decks)

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