Criminal vs Civil
Civil Procedure
Filing a Suit
Attachments
Misc
100
In Criminal cases, the government brings the action. In Civil cases, this party brings the action.
What is the injured party.
100
This means a party has legally protected interests at stake, and may file a law suit as a result
What is standing to sue
100
To begin a civil suit, this is the first formal document stating the claim that must be filed with the court
What is a complaint?
100
This meeting with a judge only attended by one party in a lawsuit often occurs when that party desires to make an attachment without the other litigant knowing.
What is ex parte?
100
Judge Judy features in this kind of short and simple trial.
What is a summary proceeding?
200
The legal name for the aggressor who begins a case in both Criminal and Civil cases.
What is the plaintiff
200
This rule states that judges will not hear cases that contain hypothetical or speculative claims.
What is the ripeness doctrine
200
This is the clause within the complaint that states the damages received by the plaintiff.
What is ad damnum?
200
This is an order from the court to the sheriff to attach property from a defendant to a civil suit.
What is writ of attachment
200
This is used to notify the defendant of a lawsuit.
What is a summons?
300
This type of law is used when a tenant and a landlord have a dispute over a contract previously agreed upon.
What is civil law (landlord-tenant law)
300
In litigation (a suit at law) the parties are known as this
Who are the litigants
300
After a civil claim has been filed within the court the cases is placed on this referring to the calender of cases waiting to see trial.
What is the trial docket? (trial list)
300
A plaintiff files for motion of attachment at the same time this document is filed.
What is the complaint?
300
If a defendant decides to sue the plaintiff back during their answer, this is known as a
What is a counterclaim?
400
In this kind of action only the defendant may appeal the judgment of the case.
What is a criminal action
400
A time limit placed on how long plaintiffs can wait to file a law suit after they become aware they have been harmed.
What is the statute of limitations
400
The complaint establishes this as the grounds for which you can bring a suit against someone.
What is a cause of action?
400
When real property is attached to a law suit, this notice is recorded at the registry of deeds.
What is lis pendens?
400
If not paid after winning a civil suit, the winning party may ask the court for this, to enforce the judgment.
What is writ of execution?
500
The burden of proof a plaintiff must prove to the finder of fact is different in Civil and Criminal cases, this is the proof requirement in Criminal cases.
What is proof beyond a reasonable doubt.
500
The attorney must determine which court has THIS power over both the person being sued and of the subject matter of the case.
What is Jurisdiction?
500
The response to the complaint by the defendant, where they deny or admit allegations made, is known as this.
What is an answer?
500
The plaintiff may be able to attach property to a suit without the defendant knowing if the property is in a different state from where the defendant lives due to this kind of jurisdictional procedure.
What is quasi in rem jurisdiction?
500
If a defendant chooses not to provide an "answer" the court may make an immediate decision for a case known as this.
What is a summary judgment?
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