Legal Terms 4 Flashcards
What type of summons is prepared at the site of the occurrence?
A citation, traffic violation ticket or notice to appear is a type of summons prepared and served at the scene of the occurrence by a law enforcement official, compelling the appearance of a defendant before the local magistrate within a certain period of time to answer for a minor traffic infraction or misdemeanor or other summary offence. Failure to appear within the allotted period of time is a separate crime of failure to appear.
Summons
is a legal document issued by a court (a judicial summons) or by an administrative agency of government (an administrative summons) for various purposes.
What is a civil summons?
A civil summons is most often accompanied by a complaint. Depending on the type of summons, there is often an option to endorse your summons so you can identify the entity you are trying to serve. In the U.S. court system in California, for civil unlimited cases in the superior court, a summons will often have 1-4 options to endorse:
as an individual;
as the person sued under the fictitious name of (specify);
on behalf of (usually for a company); or
by personal delivery on (date).
What is an ADMINISTRATIVE SUMMONS?
One example of an administrative summons is found in the tax law of the United States. The Internal Revenue Code authorizes the U.S. Internal Revenue Service (IRS) to issue a summons for a taxpayer—or any person having custody of books of account relating to a business of a taxpayer—to appear before the U.S. Secretary of the Treasury or his delegate (generally, this means the IRS employee who issued the summons) at the time and place named in the summons
Another example of an ADMINISTRATIVE SUMMONS?
In the U.S. immigration court system, a “Notice to Appear” is an administrative summons ordering a respondent to appear before an immigration court for removal proceedings.
What is a JUDICIAL SUMMONS?
A judicial summons is served on a person involved in a legal proceeding. Legal action may be in progress against the person, or the person’s presence as witness may be required.[1] In the former case, the summons will typically announce to the person to whom it is directed that a legal proceeding has been started against that person, and that a case has been initiated in the issuing court
up·hold
confirm or support (something that has been questioned).
“the court upheld his claim for damages”
synonyms: confirm, endorse, sustain, approve, agree to, support; More
antonyms: overturn, oppose
maintain (a custom or practice).
“many furniture makers uphold the tradition of fine design”
synonyms: maintain, sustain, continue, preserve, protect, champion, defend, keep, hold to, keep alive, keep going, back (up), stand by More
antonyms: abandon
Misdemeanor
Misdemeanors are generally punished less severely than felonies, but theoretically more so than administrative infractions (also known as minor, petty or summary offences) and regulatory offences. Many misdemeanors are punished with monetary fines.
Larceny
Larceny is a crime involving the unlawful taking of the personal property of another person. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of England into their own law
