Shared Flashcard Set

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Civil Procedure
15 question test
16
Civil Engineering
Post-Graduate
09/27/2009

Additional Civil Engineering Flashcards

 


 

Cards

Term
Quo warranto
Definition
action against an officer of Commonwealth, political subdivision, municipal corporation, and validity of its charter;
the service is same as civil action
Term
Action of quiet title
Definition
adherence to rules relating to a civil action;
to determine any right, lien, title or interest in land or determine the validity or discharge of any document, obligation or deed affecting any right, lien, title or interest in land;
reason for action- to obtain possession of land sold at a judicial or tax sale
Term
Prevention of waste
Definition
deal with real property actions; intended to preserve value of real property; relief generally in form of injunction to restrain waste of real property
Term
mandamus action
Definition
to enforce a right (law), or to compel performance of a public act or duty by an officer or agency of the Commonwealth (do what the law tells you to do)
Term
equity action
Definition
for purpose of "relief" (temporary or permanent); monetary or curtailment of defendant's actions;


service or original process in equity made by sheriff or competent adult
Term
Partition action
Definition
civil action brought by one or more co-tenants having an interest in real property; court may order private or public sale of property; determination to divide real property where possible, or sale of real property
Term
writ of summons
Definition
notice of lawsuit; complaint served by sheriff; the form includes parties named in action and type of action
Term
Mechanics Lien
Definition
claims for work or services performed to obtain judgment- filed with the prothonotary
Term
Action in Ejectment
Definition
adherence to rule relating to a civil action; complaint must address cause of action for rents, profits, or other damages which arise from defendant's possession of the land; person served IS added as a defendant; usually used in landlord/tenant dispute
Term
declaratory judgment
Definition
request to court for relief and/or judgment; ask court for it's opinion and possibly a follow up order, or ask court to make decision in a disputed issue.
Term
ex parte
Definition
Term
replevin
Definition
purpose of action: to seize property, to assure continued value of property, to prevent concealment of property, to prevent removal of property from the county, must assure procedural due process when seizing property
Term
Injunctive actions
Definition
restraining order-temporary regarding contacts; mat include restraints on defendant
Term
Interpleaded claims
Definition
at any time during pendency of an action, the court or petition by defendant may interplead the plaintiff and claimants not parties of record; question people other than the plaintiff and defendant; each claimant interpleaded shall be served within 20 days in same manner as provided for the service of the original process
Term
ex parte writ of seizure
Definition
one party to the action, used in the writ of seizures
Term
counterbond
Definition
used in the seizures, filed by defendant after being served, have 72 hours to make the counterbond or file for an extension
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