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Sewer Service
Sewer service is an epithet for the intentional failure to provide service of process on a named party in a lawsuit, in order to prevent the party (law), party from having a chance to respond. This practice usually involves filing a false affidavit claiming that the defendant had been properly served court papers; then, when the defendant fails to appear, the plaintiff then applies for and wins a default judgment due to the defendant's non-appearance. The phrase refers to the figure of speech of throwing the documents into a Storm drain, sewer, and is considered a fraud upon the court. It was referenced in a 2019 United States Supreme Court opinion, ''Rotkiske v. Klemm'', which featured an allegation of a debt collector winning a default judgment against a debtor through sewer service. Further reading * *Press Release: *Shaun Ertischek, Esq. Debt Collection Through Sewer Service', 31 July 2010. (Archivehereby WebCite) References Civil procedure {{law-term-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Epithet
An epithet (, ), also byname, is a descriptive term (word or phrase) known for accompanying or occurring in place of a name and having entered common usage. It has various shades of meaning when applied to seemingly real or fictitious people, divinities, objects, and binomial nomenclature. It can also be a descriptive title: for example, Pallas Athena, Phoebus Apollo, Alfred the Great, Suleiman the Magnificent, and Władysław I the Elbow-high. Many English monarchs have traditional epithets: some of the best known are Edward the Confessor, William the Conqueror, Richard the Lionheart, Æthelred the Unready, John Lackland and Bloody Mary. The word ''epithet'' can also refer to an abusive, defamatory, or derogatory phrase. This use as a euphemism is criticized by Martin Manser and other proponents of linguistic prescription. H. W. Fowler complained that "epithet is suffering a vulgarization that is giving it an abusive imputation." Linguistics Epithets are sometimes at ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Service Of Process
Service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding before the court, body, or other tribunal. Notice is furnished by delivering a set of court documents (called "process") to the person to be served. Service Each jurisdiction has rules regarding the appropriate service of process. Typically, a summons and other related documents must be served upon the defendant personally, or in some cases upon another person of suitable age and discretion at the person's residence or place of business or employment. In some cases, service of process may be effected through the mail as in some small claims court procedures. In exceptional cases, other forms of service may be authorized by procedural rules or court order, including service by publicat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lawsuit
- A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the state to be treated as if it were a private party ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Party (law)
A party is an individual or group of individuals that compose a single entity which can be identified as one for the purposes of the law. Parties include: * plaintiff (person filing suit), * defendant (person sued or charged with a crime), * petitioner (files a petition asking for a court ruling), * respondent (usually in opposition to a petition or an appeal), * cross-complainant (a defendant who sues someone else in the same lawsuit), or * cross-defendant (a person sued by a cross-complainant). A person who only appears in the case as a witness is not considered a party. Courts use various terms to identify the role of a particular party in civil litigation, usually identifying the party that brings a lawsuit as the plaintiff, or, in older American cases, the ''party of the first part''; and the party against whom the case was brought as the defendant, or, in older American cases, the ''party of the second part''. In a criminal case in Nigeria and some other countries t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Default Judgment
Default judgment is a binding judgment in favor of either party based on some failure to take action by the other party. Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law. The failure to take action is the default. The default judgment is the relief requested in the party's original petition. Default can be compared to a forfeit victory in sports. In a civil trial involving damages, a default judgment will enter the amount of damages pleaded in the original complaint. If proof of damages is required, the court may schedule another hearing on that issue. A party can have a default judgment vacated, or set aside, by filing a motion, after the judgment is entered, by showing of a proper excuse. Specific jurisdictions England and Wales How judgment arises In England and Wales, a claimant starts a case by issuing a claim form. This either states a monetary figure on it, together ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Figure Of Speech
A figure of speech or rhetorical figure is a word or phrase that intentionally deviates from ordinary language use in order to produce a rhetorical effect. Figures of speech are traditionally classified into '' schemes,'' which vary the ordinary sequence of words, and '' tropes,'' where words carry a meaning other than what they ordinarily signify. An example of a scheme is a polysyndeton: the repetition of a conjunction before every element in a list, whereas the conjunction typically would appear only before the last element, as in "Lions and tigers and bears, oh my!"—emphasizing the danger and number of animals more than the prosaic wording with only the second "and". An example of a trope is the metaphor, describing one thing as something that it clearly is not in order to lead the mind to compare them, in "All the world's a stage." Four rhetorical operations Classical rhetoricians classified figures of speech into four categories or :Jansen, Jeroen (2008) Imitatio'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Storm Drain
A storm drain, storm sewer (United Kingdom, United States, U.S. and Canada), surface water drain/sewer (United Kingdom), or stormwater drain (Australia and New Zealand) is infrastructure designed to Drainage, drain excess rain and ground water from impervious surfaces such as paved streets, car parks, parking lots, footpaths, sidewalks, and roofs. Storm drains vary in design from small residential dry wells to large municipal systems. Drains receive water from street gutters on most motorways, freeways and other busy roads, as well as towns in areas with heavy rainfall that leads to flooding, and coastal towns with regular storms. Even gutters from houses and buildings can connect to the storm drain. Many storm drainage systems are gravity sewers that drain untreated storm water into rivers or streams—so it is unacceptable to pour hazardous substances into the drains. Storm drains sometimes cannot manage the quantity of rain that falls in heavy rains or storms. Inundated drai ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
