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Formal, written statements of each side of a civil case. |
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a statement in a pleading that sets out a fact that the side filing the pleading expects to prove. |
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the heading or introductory section of a legal paper usually contains the names of the parties, the court, and the case number. |
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request. the part of a legal pleading (such as a complaint) that asks for relief (help, money, specific court action, an action from the other side, etc.). |
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swear in writing to the truth or accuracy of a document. |
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The person who will ultimately benefit from winning a lawsuit, whether or not that person brought it initially. |
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legal ability to do something |
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someone appointed by a court to take care of the interests of a person who cannot legally take care of himself or herself in a lawsuit involving that person. |
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fictitiously named defendants |
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defendants in a lawsuit who are not identified by their correct names; usually refers to the practice in some state courts of including several "Does" as defendants to provide for discovery of additional defendants after the statute of limitations has run. |
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a concept allowing multiple parties to be joined in one lawsuit as plaintiffs or defendants as long as there is some common question of fact or law. |
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compulsory joinder (joinder) |
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a party or issue that must be included in a case |
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a person who has such a stake in the outcome of a lawsuit that the judge will not make a final decision unless that person is formally joined as a party to the lawsuit |
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a lawsuit brought for yourself and other persons in the same situation |
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a procedure in which persons having conflicting claims against a third person may be forced to resolve the conflict before seeking relief from the third person |
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each separate part of a complaint or an indictment |
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awarded for the actual loss suffered by a plaintiff. |
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punitive or exemplary damages (damages) |
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extra money given to punish the defendant and to help keep a particularly bad act from happening again. |
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equitable relief (equitable) |
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just, fair, and right relief for a particular situation. |
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being required to do exactly what was agreed to |
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the annulment of a contract |
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giving something back; making good for something. |
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a court order defining or explaining the rights and obligations of parties under some contract or other document |
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a way of establishing clear ownership of land. |
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a judge's order to a person to do or to refrain from doing a particular thing. |
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temporary restraining order (TRO) |
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a judge's order to a person to not take a certain action during the period prior to a full hearing on the rightfulness of the action. |
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a court order made prior to final judgment in the case directing that a party take some action or refrain from taking some action until the trail in the case takes place. |
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giving a paper to the court clerk for inclusion in the case record |
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assigned to a lawsuit by the court; each pleading or document filed in the action must bear this. |
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a notice delivered by a sheriff or other authorized person informing a person of a lawsuit against him or her. |
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personal service of process |
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notice of a lawsuit or other proceeding that is given to a party by personally delivering a copy of the papers to that party. |
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written verification that papers have been delivered to a party, detailing when, where, and how the papers were delivered. |
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an agreement between lawyers on opposite side of a lawsuit. |
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