Court Procedures Flashcards
Court Interpreting
Pleadings
formal documents filed with the court that state the party’s basic positions
การยื่นเอกสารคำฟ้องอย่างเป็นทางการ ทั้งคำฟ้อง และคำแก้ต่างจากอีกฝ่าย
Answer
คำแก้ต่าง
Statement by the defendant usually explains why the plaintiff should not prevail.
Motion to quash service of summons
คำร้องให้เพิกถอนหมายเรียกตัว
Motion seeks dismissal of the lawsuit on the grounds that the defendant was not properly served with the summons and complaint.
Motion to strike
คำร้องให้ศาลคัดออก
Motion to ask the court to strike from pleadings irrelevant, prejudicial or other improper material.
Motion to make more definite or certain
คำร้องขอให้ฝ่ายโจทก์ชี้แจง
this motion asked the court to require the plaintiff to state the facts of the case more specifically, or to describe the injuries or damages more clearly
Motion to discover
A motion by which one party seeks to gain information from the adverse party.
Motion to dismiss
This motion asks the court to dismiss the suit because it doesn’t have a legally sound basis, even if all the facts alleged are proven true
Motion for summary judgment or motion for summary disposition
This motion asks the court for a judgment on the merits before the trial. it is proper where there is no dispute about the facts and only a question of law needs to be decided.
Interrogatories
Written questions submitted to the other party requiring that they be answered in writing under oath.
Subpoena
หมายศาลเรียกตัวพยาน
A court order compelling a person to testify or produce certain physical evidence
Leniency
โทษสถานเบา
Recommendation for a sentenc
e less than the maximum allowed
Status conferences
Early conferences during pretrial. they are held after all initial pleadings have been filed and help the judge manage the case.
Stipulations
An Agreement on undisputed facts or points of law, happened at issue conference (hearing between lawyers and judge without client’s, set up when a case hasn’t been settled). This is at Pretrial stage.
Presentment
presentment is issued by grand jury, detailing the results of its investigation on corruption. presentments are not indictment and they don’t directly lead to any legal action. Rather they exposed a problem that the grand jury feels the public should know about and sometimes the government agencies involved are required to respond.