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Lawsuit
A lawsuit (or suit in law[a]) is "a vernacular term for a suit, action, or cause instituted or depending between two private persons in the courts of law."[1] A lawsuit is any proceeding by a party or parties against another in a court of law.[2] Sometimes, the term "lawsuit" is in reference to a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. 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
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Quasi In Rem Jurisdiction
A quasi in rem legal action (Latin, "as if against a thing") is a legal action based on property rights of a person absent from the jurisdiction. In the American legal system the state can assert power over an individual simply based on the fact that this individual has property (bank account, debt, share of stock, land) in the state. Quasi in rem jurisdiction
Quasi in rem jurisdiction
does not have much function in the United States any longer. However, in very specific cases, quasi in rem jurisdiction can still be effective. A quasi in rem action is commonly used when jurisdiction over the defendant is unobtainable due to their absence from the state. Any judgment will affect only the property seized, as in personam jurisdiction is unobtainable.[1] Of note, in a quasi in rem case the court may lack personal jurisdiction over the defendant, but it has jurisdiction over the defendant's property
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Pleading
In law as practiced in countries that follow the English models, a pleading is a formal written statement of a party's claims or defenses to another party's claims in a civil action. The parties' pleadings in a case define the issues to be adjudicated in the action. The Civil Procedure Rules (CPR) govern pleading in England
England
and Wales. Federal Rules of Civil Procedure govern pleading in United States federal courts. Each state in the United States
United States
has its own statutes and rules that govern pleading in the courts of that state.Contents1 Examples 2 Systems2.1 Common law 2.2 Code 2.3 Notice 2.4 Fact 2.5 Alternative3 See also 4 References 5 External linksExamples[edit] In the United States, a complaint is the first pleading filed by a plaintiff which initiates a lawsuit
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Change Of Venue
A change of venue is the legal term for moving a trial to a new location. In high-profile matters, a change of venue may occur to move a jury trial away from a location where a fair and impartial jury may not be possible due to widespread publicity about a crime and its defendant(s) to another community in order to obtain jurors who can be more objective in their duties. This change may be to different towns, and across the other sides of states or, in some extremely high-profile federal cases, to other states. In law, the word venue designates the location where a trial will be held. It derives from the Latin
Latin
word for "a place where people gather." Notwithstanding its use in high-profile cases, a change of venue is more typically sought when a defendant believes that the plaintiff's selected venue is either improper or less appropriate than another venue
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Class Action Fairness Act Of 2005
The U.S. Class Action Fairness Act of 2005, 28 U.S.C. Sections 1332(d), 1453, and 1711–1715, expanded subject-matter jurisdiction over many large class-action lawsuits and mass actions taken in the United States. The bill was the first major piece of legislation of the second term of the Bush Administration. Business groups and tort reform supporters had lobbied for the legislation, arguing that it was needed to prevent class-action lawsuit abuse.[1] President George W. Bush
George W. Bush
had vowed to support this legislation. The Act permits federal courts to preside over certain class actions in diversity jurisdiction where the aggregate amount in controversy exceeds $5 million; where the class comprises at least 100 plaintiffs; and where there is at least "minimal diversity" between the parties (i.e., at least one plaintiff class member is diverse from at least one defendant)
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In Rem Jurisdiction
In rem jurisdiction ("power about or against 'the thing'"[1]) is a legal term describing the power a court may exercise over property (either real or personal) or a "status" against a person over whom the court does not have in personam jurisdiction. Jurisdiction in rem assumes the property or status is the primary object of the action, rather than personal liabilities not necessarily associated with the property.Contents1 United States1.1 Examples2 China 3 See also 4 ReferencesUnited States[edit] Within the U.S. federal court system, jurisdiction in rem typically refers to the power a federal court may exercise over large items of immoveable property, or real property, located within the court's jurisdiction
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Personal Jurisdiction
Personal jurisdiction
Personal jurisdiction
is a court's jurisdiction over the parties to a lawsuit, as opposed to subject-matter jurisdiction, which is jurisdiction over the law and facts involved in the suit. If a court does not have personal jurisdiction over a party, its rulings or decrees cannot be enforced upon that party, except by comity; i.e., to the extent that the sovereign having jurisdiction over the party allows the court to enforce them upon that party. A court that has personal jurisdiction has both the authority to rule on the law and facts of a suit and the power to enforce its decision upon a party to the suit. In some cases, territorial jurisdiction may also constrain a court's reach, such as preventing hearing of a case concerning events occurring on foreign territory between two citizens of the home jurisdiction.Contents1 International principles 2 History in English and U.S
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Supplemental Jurisdiction
Supplemental jurisdiction
Supplemental jurisdiction
is the authority of United States federal courts to hear additional claims substantially related to the original claim even though the court would lack the subject-matter jurisdiction to hear the additional claims independently. 28 U.S.C. § 1367 is a codification of the Supreme Court's rulings on ancillary jurisdiction (Owen Equipment & Erection Co. v. Kroger, 437 U.S. 365 (1978)) and pendent jurisdiction (United Mine Workers of America v. Gibbs, 383 U.S. 715 (1966)) and a superseding of the Court's treatment of pendent party jurisdiction (Finley v. United States, 490 U.S. 545 (1989)). Historically there was a distinction between pendent jurisdiction and ancillary jurisdiction. But, under the ruling in Exxon, that distinction is no longer meaningful
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Diversity Jurisdiction
In the law of the United States, diversity jurisdiction is a form of subject-matter jurisdiction in civil procedure in which a United States district court in the federal judiciary has the power to hear a civil case when the amount in controversy exceeds $75,000 and where the persons that are parties are "diverse" in citizenship, which generally indicates that they are citizens of different states or non-U.S. citizens. (Corporations, as legal persons, may also be included.) Diversity jurisdiction
Diversity jurisdiction
and federal-question jurisdiction (jurisdiction over issues arising under federal law) constitute the two primary categories of subject matter jurisdiction in U.S. federal courts. The United States Constitution, in Article III, § 2, gives the Congress the power to permit federal courts to hear diversity cases through legislation authorizing such jurisdiction
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Federal-question Jurisdiction
In United States
United States
law, federal question jurisdiction is the subject-matter jurisdiction of United States
United States
federal courts to hear a civil case because the plaintiff has alleged a violation of the United States Constitution, federal law, or a treaty to which the United States is a party. Article III of the United States
United States
Constitution permits federal courts to hear such cases, so long as the United States
United States
Congress passes a statute to that effect. However, when Congress passed the Judiciary Act of 1789, which authorized the newly created federal courts to hear such cases, it initially chose not to allow the lower federal courts to possess federal question jurisdiction for fear that it would make the courts too powerful
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Subject-matter Jurisdiction
Subject-matter jurisdiction
Subject-matter jurisdiction
is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance, bankruptcy court only has the authority to hear bankruptcy cases. Subject-matter jurisdiction
Subject-matter jurisdiction
must be distinguished from personal jurisdiction, which is the power of a court to render a judgment against a particular defendant, and territorial jurisdiction, which is the power of the court to render a judgment concerning events that have occurred within a well-defined territory. Unlike personal or territorial jurisdiction, lack of subject-matter jurisdiction cannot be waived
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Counterclaim
In a court of law, a party's claim is a counterclaim if the defending party has previously (in the present action) made a claim against the claiming party. Examples of counterclaims include:After a bank has sued a customer for an unpaid debt, the customer counterclaims (sues back) against the bank for fraud in procuring the debt. The court will sort out the different claims in one lawsuit (unless the claims are severed). Two cars collide. After one person sues for damage to her car and personal injuries, the defendant counterclaims for similar property damage and personal injury claims.Contents1 Under the United States Federal Rules of Civil Procedure1.1 Counterclaims v. crossclaims 1.2 Compulsory v. permissive2 See also 3 ReferencesUnder the United States Federal Rules of Civil Procedure[edit] In U.S
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Civil Procedure In The United States
Procedure may refer to: Procedure (term) (in telecommunications jargon) Medical procedure Instructions or recipes, a set of commands that show how to achieve some result, such as to prepare or make something Procedure (business), specifying parts of a business process Standard operating procedure, a step-by-step instruction to achieve some result, used in industry and military Legal procedure, the body of law and rules used in the administration of justice in the court system, including:Civil procedure Criminal procedure Administrative procedureParliam
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A Civil Action (film)
A Civil Action
A Civil Action
is a 1998 American legal drama film directed by Steven Zaillian and starring John Travolta
John Travolta
(as plaintiff's attorney Jan Schlichtmann) and Robert Duvall, and that is based on the book of the same name by Jonathan Harr. Both the book and the film are based on a true story of a court case about environmental pollution that took place in Woburn, Massachusetts, in the 1980s. The film and court case revolve around the issue of trichloroethylene, an industrial solvent, and its contamination of a local aquifer. A lawsuit was filed over industrial operations that appeared to have caused fatal cases of leukemia and cancer, as well as a wide variety of other health problems, among the citizens of the city. The case involved is Anne Anderson, et al., v. Cryovac, Inc., et al.. The first reported decision in the case is at 96 F.R.D. 431 (denial of defendants' motion to dismiss)
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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.[1] 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
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Reply (legal Term)
The reply is a response by plaintiff to defendant's answer. A reply occurs only when defendant has asserted a counterclaim or the court has ordered a reply. It is important to keep in mind that "plaintiff" in this context may also refer to an impleaded party. So, if a defendant impleads a party, this new party is the third-party defendant and the original defendant is the third-party plaintiff. The third-party plaintiff must file a complaint on the third-party defendant, who then must answer. The court may order a reply to this third-party defendant's answer.This legal term article is a stub
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