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Answer
Formal, written statement delivered by a defendant in a lawsuit, in rebuttal to the statement of claim by the plaintiff or the prosecutor.
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Counterclaim
a claim made to offset another claim, especially one made by the defendant in a legal action.
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Deposition
Recorded out-of-court testimony of a witness, or before a magistrate or judge, to obtain discovery of facts or for use in a trial.
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In rem
(of a legal proceeding or judgment) directed against a thing, rather than against a person, as a legal proceeding for the recovery of property.
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Summary judgment
a judgment, as in an action for debt, that is entered without the necessity of jury trial, based on affidavits of the creditor and debtor that convince the court that there is no arguable issue.
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Venue
- a.the place of a crime or cause of action.
- b.the county or place where the jury is gathered and thecause tried.
- c.the designation, in the pleading, of the jurisdiction where a trial will be held.
- d.the statement naming the place and person before whom an affidavit was sworn.
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Appellate court
a court whose jurisdiction is to review decisions of lower courts or agencies
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Default judgment
a judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court)
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Discovery
Pre-trial disclosure process during which several legal devices can be employed by any litigating party to obtain relevant non-privileged information from the opposing or non-opposing party/parties.
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Jurisdiction
Power or right of a legal or political agency to exercise its authority over a person, subject matter, or territory.
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Peremptory challenge
a formal objection to the service of a juror by a party to a criminal prosecution or a civil action that requires no showing of cause.
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Subject matter jurisdiction
is a court's power to hear certain kinds of cases.
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Voir Dire
- an oath administered to a proposed witness or juror by which he or she is sworn to speak the truth in an examination to ascertain his or her competence.
- 2.the examination itself.
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Complaint
the first pleading of the plaintiff in a civil action, stating the cause of action.
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Defendant
a person, company, etc., against whom a claim or charge is brought in a court ( opposed to plaintiff).
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In Personam
(of a legal proceeding or judgment) directed against a party or parties, rather than against property.
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Long-arm statute
Local law that extends the jurisdiction of foreign courts to local territory in certain cases, usually on a reciprocal basis.
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Plaintiff
a person who brings suit in a court ( opposed to defendant).
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Summons
- a.a call or citation by authority to appear before a courtor a judicial officer.
- b.the writ by which the call is made.
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Writ of certiorari
a writ issuing from a superior court calling up the record of a proceeding in an inferior court for review.
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