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Legal Terminology-Chapter 3
Chapter 3 Key Terms
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Law
08/26/2008

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Term
Ad damnnum
Definition
The cause in the complaint stating the damages claimed by the plaintiff.
Term
Affiant
Definition
A person who signs an affidavit.
Term
Affidavit
Definition
A written statement sworn to under oath before a notary public as being true to the affiant's own knowledge,information and belief.
Term
Allege
Definition
To make an allegation.
Term
Allegation
Definition
Claims that the party making it expects to prove.
Term
Attachment
Definition
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 suit.
Term
Aver
Definition
To assert positively,to make an allegation.
Term
Averments
Definition
Another word for allegation.
Term
Cause of Action
Definition
The ground on which the suit is maintained.
Term
Civil Action
Definition
A lawsuit other than a criminal one.Happens when 2 or more people become involved in a dispute that they are unable to settle by themselves.
Term
Class Action
Definition
A lawsuit brought,with the court's permission,by one or more persons on behalf of a very large group of people who have the same interest in the matter.
Term
Complaint
Definition
A formal document containing a short and plain statement of the claim indicating that the plaintiff is entitles to relief an containing a demand for the relief sought.
Term
Constructive Service
Definition
Service that is not a personal service.
Term
Declaration
Definition
A complaint.Called a declaration at common law.
Term
Default Judgment
Definition
A court decision entered against a party who has failed to plead or defend a lawsuit.
Term
Deponent
Definition
Term
Docket
Definition
A record.
Term
Docket Number
Definition
A record number.
Term
Doe Defendants
Definition
When names of defendants are unknown they are referred to as this.
Term
Encumbrance
Definition
Term
Ex Parte
Definition
The hearing is attended by one party only.
Term
Garnishee
Definition
Term
Garnishment
Definition
The procedure for attaching the defendant's property that is in the hands of a third person.
Term
Gravamen
Definition
The essential basis or gist of the complaint.
Term
Justiciable
Definition
Appropriate for court assessment.
Term
Legal Issues
Definition
Questions of law.
Term
Lien
Definition
A claim that one has against the property of another.
Term
Lis Pendens
Definition
A pending suit.
Term
Litigant
Definition
Parties to a lawsuit.
Term
Litigation
Definition
A suit at law.A court action.
Term
Personal Service
Definition
Term
Petition
Definition
A written application for a court order.
Term
Pleadings
Definition
Written statements of claims and defenses used by the parties in the lawsuit.
Term
Preponderance of Evidence
Definition
When the process server serves process by delivering a copy of the summons and complaint to the defendant personally.
Term
Process
Definition
Means of compelling the defendant in an action to appear in court.
Term
Process Server
Definition
A person who carries out service of process.
Term
Ripeness Doctrine
Definition
A court will not hear a case unless there is an actual present controversy for the court to decide.
Term
Rules of Civil Procedure
Definition
Govern civil cases brought in federal courts.
Term
Service of Process
Definition
Term
Standing to Sue
Definition
A party has a tangible,legally protected interest at stake in a lawsuit.
Term
Substituted Service
Definition
When the summons and complaint are delivered to the defendant's agent or mailed or published in a newspaper.
Term
Summary Proceeding
Definition
Term
Summons
Definition
A formal notice to the defendant that a lawsuit has begun and that the defendant must file an answer within the number of days set by state law or lose the case by default.
Term
Trial Docket
Definition
The calendar of cases that are ready for trial.
Term
Trial List
Definition
The trial docket,calender of cases ready for trial.
Term
Trustee
Definition
The one holding the property.
Term
Trustee Process
Definition
The procedure for attaching the defendant's property that is in the hands of a third person.
Term
Verification
Definition
A written statement under oath confirming the correctness,truth,or authenticity of a pleading.
Term
Writ
Definition
A written order of a court,returnable to the same,commanding the performance or nonperformance of an act.
Term
Writ of Attachment
Definition
A written order to the sheriff commanding the sheriff to attach the real or personal property of the defendant up to an amount approved by the court.
Term
Writ of Execution
Definition
Term
Writ of Garnishment
Definition
Term
Plaintiff
Definition
Person who brings the suit.
Term
Writ of Garnishment
Definition
A trustee process summons.