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Civil Procedure Terminology

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Summary Judgment

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A procedural device used to dispose of a case without a trial when there is no dispute as to the material facts of the case and one party is entitled to judgment as a matter of law.

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Complaint

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A formal legal document that starts a lawsuit, containing the allegations of the plaintiff and the acts or omissions complained of.

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Answer

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The defendant's written response to the plaintiff's complaint, addressing the allegations made and asserting defenses and counterclaims.

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Discovery

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The pre-trial process where parties obtain evidence from the opposing party or third parties, using tools such as interrogatories, depositions, and requests for production.

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Jurisdiction

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The legal authority of a court to hear and decide a case, including the power over the parties involved and the subject matter of the dispute.

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Interrogatories

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Written questions sent by one party to another, which the receiving party is required to answer in writing and under oath as part of the discovery process.

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Motion to Dismiss

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A legal pleading filed by a defendant arguing that, even if all the allegations in the complaint are true, there is no legal basis for the lawsuit and it should be dismissed.

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Default Judgment

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A judgment entered by the court against a defendant who has failed to respond to a summons and complaint within the time required by law.

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Venue

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The geographic location where a lawsuit can be properly filed and heard, based on where the parties reside or where the events took place.

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Voir Dire

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The jury selection process in which attorneys for both sides question prospective jurors to determine any biases or inability to serve impartially.

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Subpoena

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A legal order compelling a person to appear and testify or produce documents or other evidence in a legal proceeding.

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Pleadings

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The formal written statements by the parties to a lawsuit of their respective claims and defenses, including the complaint, answer, counterclaim, and reply.

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Injunction

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A court order requiring a party to do or cease doing a specific action. It is a form of equitable relief designed to prevent harm rather than compensate for it.

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Class Action

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A lawsuit where one or several persons sue on behalf of a larger group of persons, referred to as the class, who share common legal claims and issues.

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Deposition

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An out-of-court statement given under oath by any person involved in the case. It is part of the pre-trial discovery process, where witnesses provide sworn testimony.

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