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Legal Terms CP Prep
service of process-->writ of execution
32
Law
Undergraduate 2
09/17/2012

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Term
service of process
Definition
delivery of a writ, summons, subpoena to the person named therein
Term
settlor
Definition
one who creates a trust, trustor
Term
slander
Definition
spoken defamation
Term
specific performance
Definition
equitable remedy in contract law which requires the breaching party to perform according to the specific terms of the contract
Term
statute
Definition
legislative enactment (law enacted) by Congress or a state legislature
Term
statute of limitations
Definition
statute which limits the time within which a cause of action may be filed
Term
stipulation
Definition
agreement between parties to a lawsuit concerning matters related to the trial
Term
subpoena
Definition
a writ commanding the named person to appear at at specific time and place
Term
subpoena duces tecum
Definition
a writ commanding the named person to appear at a specific time and place and to bring specific records or documents with her
Term
summons
Definition
document served upon a defendant to notify her that suit has been filed against her and directing her to answer or to otherwise appear in the case by a specific date
Term
survey
Definition
process by which a tract of land is measured and its contents determined, with a map to scale created for it
Term
temporary restraining order
Definition
an emergency injunctive remedy (order) of short duration to require or to forbid an act until a hearing can be held
Term
testator, testatrix
Definition
man who creates and executes a will; woman who creates and executes a will
Term
testimonium clause
Definition
the clause of an instrument which begins "In witness whereof,..."
Term
tickler system
Definition
reminder system used in law offices to supplement diaries and calendars in the overall docket control system
Term
tort
Definition
a civil wrong such as negligence or trespass, as distinguished from a criminal offense (the same conduct may result in both tort liability and criminal liability)
Term
trust account
Definition
account where client funds are kept separate from attorney funds
Term
unconscionable
Definition
grossly unfair, unscrupulous, terms or conduct which shocks the conscience
Term
usury
Definition
the excess over the lawful interest rate
Term
vendee
Definition
the purchaser or buyer of property
Term
vendor
Definition
the seller of property
Term
venue
Definition
the location where an action is tried
Term
verdict
Definition
finding(s) of fact by a jury in a civil or criminal trial
Term
verification
Definition
confirmation of accuracy; sworn oath by an authorized person that certain statements are true to the best of his or her knowledge and belief
Term
void
Definition
having no legal force or effect
Term
voidable
Definition
that which is capable of being declared void but which is valid until such declaration is made
Term
warranty
Definition
a promise to defend the truth of a fact
Term
warranty deed
Definition
a deed conveying land which guarantees that the title is free of defects to marketability
Term
with prejudice
Definition
a declaration (usually in connection with an order of dismissal) which ends the right to further relief; it prevents either party from filing future complaints based on the same claim or cause of action
Term
without prejudice
Definition
a declaration (usually in connection with an order of dismissal) which preserves any rights or privileges that a party may have to file a future complaint based upon the same claim or cause of action
Term
witness
Definition
one who has personal knowledge about facts related to a case; one who can testify about what she has seen, heard, or otherwise observed
Term
writ of execution
Definition
order of a court after judgment commanding a court officer to seize property in satisfaction of the judgment
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