Chapter 5: Filing The Lawsuit, Service Of Process, And Obtaining A Default Judgement

Question 1

What is a Certificate of Service?

Answer 1

A certification that a document has been served on the opposing party.

Question 2

What is a Constructive Service?

Answer 2

A service of process other than direct service, such as through a newspaper of general circulation.

Question 3

What is a Default Judgement?

Answer 3

A judgement rendered against the defendant for the damages specified in the claim without the case going to trial, based on the defendant’s failure to respond to the complaint within the time limit.

Question 4

What is a Federal Magistrate Judge?

Answer 4

Judge appointed to assist U.S. District Court judges in conducting routine matters in the federal trial courts.

Question 5

What is In Forma Pauperis?

Answer 5

“In the manner of a pauper”; permission given to an indigent person to sue without liability for costs.

Question 6

What is an In-Rem Action?

Answer 6

An action involving the attachment of property to resolve claims to the property.

Question 7

What is a Long-Arm Statute?

Answer 7

Statutes that identify circumstances where a person from another jurisdiction can be held accountable in that jurisdiction.

Question 8

What is a Quasi In Rem Action?

Answer 8

An action in which the court uses the property of a defendant over whom it does not have personal jurisdiction to pay a judgement against the defendant entered in an action unrelated to the property.

Question 9

What does it mean to Recuse?

Answer 9

To disqualify oneself from hearing a case to avoid a potential conflict of interest.

Question 10

What is Service of Process?

Answer 10

Delivery to the defendant of official notification of the lawsuit and of his or her need to respond; delivery of a copy of the summons, complaint, writs, and other documents to another party.

Question 11

What is Substituted Service?

Answer 11

Any type of service of process other than actual, personal service, such as through mail, waiver, publication, or legal representative.

Question 12

What is a Summons?

Answer 12

A document issued by the court that informs the defendant of the action and requires the defendant to respond or appear by or at a designated time; when served, gives the court personal jurisdiction over the defendant.