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Dictionary of Law |
default judgment :: legal definitionDefault judgment - n. if a defendant in a lawsuit fails to respond to a complaint in the time set by law (commonly 20 or 30 days), then the plaintiff (suer) can request that the default (failure) be entered into the court record by the clerk, which gives the plaintiff the right to get a default judgment. If the complaint was for a specific amount of money owed on a note, other money due, or a specific contract price (or if the amount due is easy to calculate) then the clerk of the court can enter a default judgment. If proof of damages or other relief is necessary, a hearing will be held in which the judge determines terms of the default judgment. In either case the defendant cannot speak for himself/herself. A defendant who fails to file an answer or other legal response when it is due can request that the default be set aside, but must show a legitimate excuse and a good defense to the lawsuit. See also: complaint default summons and Related Law Terms ↓ Related Law Termsadmission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsmanadvisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance bill of particulars :: n. a written itemization of claims which a defenda ... the factual bases for the charges. booby trap :: n. a device set up to be triggered to harm or kill ... protect one's property is a crime. burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases. challenge :: n. the right of each attorney in a jury trial to r ... ess. See also: peremptory challenge clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales. common counts :: n. claims for debt alleged in a lawsuit (included ... so: cause of action complaint count complainant :: n. a person or entity who begins a lawsuit by fili ... lso: complaint petitioner plaintiff complaint :: n. the first document filed with the court (actual ... g prayer service of process summons counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney demand :: 1) v. to claim as a need, requirement or entitleme ... pay is made. See also: demand note deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness excessive bail :: n. an amount of bail ordered posted by an accused ... ppeal for reduction. See also: bail excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases. file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial. garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment general denial :: n. a statement in an answer to a lawsuit or claim ... anguage. See also: answer complaint information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent kangaroo court :: n. 1) a mock court set up without legal basis, suc ... See also: star chamber proceedings last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ plaintiff :: n. the party who initiates a lawsuit by filing a c ... lso: complaint defendant petitioner plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead prayer :: n. the specific request for judgment, relief and/o ... ee also: complaint default judgment preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made. process :: n. in law, the legal means by which a person is re ... service of process subpena summons promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence recoupment :: n. the right of a defendant in a lawsuit to demand ... ter, including outside the lawsuit. remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence service of process :: n. the delivery of copies of legal documents such ... by publication substituted service set aside :: v. to annul or negate a court order or judgment by ... "set aside" the original dismissal. setoff :: (offset) n. a claim by a defendant in a lawsuit th ... ee also: affirmative defense offset shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours. speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer statutory offer of settlement :: n. a written offer of a specific sum of money made ... ly awarded to the prevailing party. subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness summons :: n. a document issued by the court at the time a la ... use service service of process writ unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens Popular Law Searcheslegal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger." mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor. clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate. Other Law Terms - DD.A. :: n. slang for District Attorney. ... n. slang for District Attorney.d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state. D.U.I. :: n. short for driving under the influence of alcoho ... ing under the influence of alcohol. D.W.I. :: n. 1) short for driving while intoxicated. 2) abbr ... for dying without issue (children). damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages dangerous :: adj. unsafe, hazardous, fraught with risk. It can ... eapon's range. See also: negligence dangerous weapon :: n. any gun, knife, sword, crossbow, slingshot or o ... igence and possibly win a judgment. date rape :: n. forcible sexual intercourse by a male acquainta ... physical resistance. See also: rape day in court :: n. popular term for everyone's opportunity to brin ... rt to protest his speeding ticket." de facto :: adj. Latin for "in fact." Often used in place of " ... ave not been met. See also: de jure de facto corporation :: n. a company which operates as if it were a corpor ... also: de facto de jure ultra vires de jure :: adj. Latin for "lawful," as distinguished from de ... also: de facto de jure corporation de jure corporation :: n. a corporation in good standing under the law, a ... also: de facto corporation de jure de minimis :: adj. (dee-minnie-miss) Latin for "of minimum impor ... deal, a $10 mistake is de minimis. de novo :: adj. Latin for "anew," which means starting over, ... n, de novo. See also: trial de novo deadly weapon :: n. any weapon which can kill. This includes not on ... See also: assault dangerous weapon dealer :: n. anyone who buys goods or property for the purpo ... ins taxes by buying other property. death penalty :: n. the sentence of execution for murder and some o ... rder and some other capital crimes. death row :: n. nickname for that portion of a prison in which ... o: capital punishment death penalty debenture :: n. a form of bond certificate issued by a corporat ... n shares of stock or general bonds. |