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Civil Law Key Terms
Match Vocabulary with definition
| Term | Definition |
|---|---|
| Alternative Service | A method of delivering to an uncooperative defendant |
| Answer | A defendant’s written reply to a plaintiff’s petition |
| Applicant | A party making application to the court or petitioning for some action |
| Attachment | A procedure or writ which may be used to bring a person or property into the custody of the court |
| Citation | An official notice from a court of competent jurisdiction, issued to a defendant after a plaintiff’s petition is filed; the citation commands the defendant to answer and appear in court at a specific time |
| Civil Law | A portion of the law which defines the personal and property rights of individuals, the rights of an individual to seek redress or to prevent a wrong, and any action other than criminal proceedings |
| Civil subpoena | A command to appear at a certain time and place to give testimony upon a certain matter |
| Contempt | Proceedings held to determine whether a person has violated a lawful court order and to set punishment if a violation is found |
| Ex Parte | Any proceeding which is held for the benefit of, or on application of only one party; in the absence of one party |
| Garnishment | A writ and process directed to one who has money or property in his possession belonging to the defendant, ordering the third person not to deliver or pay it to the defendant, but to deliver or hold it for the plaintiff or as directed by the court |
| Injunction | A writ issued by a court that demands or prohibits specified actions |
| Orders | The directions of a court or judge; a mandate or command |
| Petition | A document filed by the plaintiff with the clerk of the court which outlines the basis of the complaint against the defendant and the relief being sought from the court |
| Plaintiff | A party in a civil suit; mainly the one who initiates the suit by filing a petition |
| Respondent | Defendant in a civil suit |
| Sequestration | An order directing the sheriff or constable to take into his possession certain property of which another person has possession until the suit can be decided or as the court directs |
| Show cause | A notice to the defendant to either appear in court or prepare a written answer to show cause for failing to respond to a previous order of the court (a.k.a. Notice) |
| Subpoena Duces Tecum | The process by which a court, at the direction of a party, commands a witness who has in his possession or control some document or paper that is pertinent to the issues of a pending controversy, to produce it at the trial |
| Tort | Any one of various legally recognized private injuries or wrongs; a civil action |
| Writ | A legal order issued by the court, in the name of the state, to compel a person to do something specifically ordered |
| Possession | a writ employed to enforce a judgment to recover possession of real or personal property (used in eviction process) |
| Restraining Order | an order to the defendant prohibiting him or her from performing an act prohibited in the order until a formal hearing can be conducted |
| Style or format | the prescribed structure for the clerks of the court to use in developing the process |
| Return | the endorsement made by a constable or sheriff upon process; writ or notice stating what has been accomplished, and the time and mode of service |
| Service | the delivery of a writ, notice or injunction, etc. by an authorized 2 person, to a person who is thereby officially notified of some proceeding concerning him or her |
| Jurisdiction | the power of a court to lawfully act with regard to persons and property |
| Habeas Corpus | a writ which orders that a person be brought before the court in order to test the legality of his detention by the person to whom the writ is directed |
| Execution of judgment | most common writ, issued to seize property to satisfy a judgment |
| Diligent effort | persistent activity, prudence or care; what is properly expected from a reasonable and prudent person under the particular circumstances |
| Instanter | immediate; now or instantly |
Created by:
Anthony.davis
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