Chapter 5 - Filing the Lawsuit, Service of Process, and Obtaining a Default Judgment

Question 1

Service of Process

Answer 1

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 2

Summons

Answer 2

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.

Question 3

In forma pauperis

Answer 3

Permission given to a poor person to sue without liability for costs.

Question 4

E-filing

Answer 4

A court-approved, Internet-based system for filing, servicing, and accessing legal documents.

Question 5

Long-arm statutes

Answer 5

Laws giving a court personal jurisdiction over nonresident persons or corporations in specified circumstances.

Question 6

In rem action

Answer 6

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

Question 7

Quasi in rem action

Answer 7

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

Question 8

Constructive service

Answer 8

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

Question 9

Substituted service

Answer 9

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

Question 10

Default judgment

Answer 10

Judgment 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 frame.