The Law Dictionary for Everyone
The Latin term “status quo” refers to the existing state of circumstances. In the legal system, a judge has the authority to issue a status quo order to prevent anyone from taking any action until the matter can be heard and resolved by the court. A status quo order preserves the existing situation, so that no party’s position can be […]
Read moreWage garnishment is a legal procedure by which an individual’s earnings are withheld to repay a creditor. Wage garnishment takes place after the creditor has filed a civil lawsuit, and been granted a judgment against the debtor in court. In some cases, however, a court order is not required. Wage garnishment laws vary by jurisdiction, but most allow creditors to […]
Read moreA subpoena is a court-ordered demand that a person appear in court or other legal proceeding, or that specific documents be produced and presented at a specified date, time, and location. The Latin word subpoena means “under penalty,” and if a person refuses, or fails to comply with a subpoena, he is subject to civil or criminal penalties. To explore […]
Read moreA summons is a legal document that is issued by a court in a civil lawsuit, or by a government agency in an administrative action. The document notifies the defendant he is being sued, or that there is an administrative action against him, as well as the date and time of the first hearing. A summons also provides the defendant […]
Read moreWhen an individual or entity, initiates a lawsuit against another party, they are legally required to provide the other party with notice of the impending lawsuit, as well as copies of any documents that have been filed with the court. This is known as “service of process.” Documents are often served to an opposing party through a professional server known […]
Read moreMediation is a method of resolving issues between two or more parties without resulting to litigation. Mediation makes use of a neutral third party, a “mediator,” to help guide the parties to the dispute toward a solution that all can agree to. Most commonly, mediation is a voluntary method of alternative dispute resolution, but on occasion, the court may order […]
Read moreA restraining order is issued by a court to protect a person from physical abuse, threats, or harassment by another specific person. A restraining order is obtained after the court determines that the applicant has a reasonable belief that he or she is in imminent danger, or may be in danger due to the actions of another. In some jurisdictions, […]
Read moreA document filed with the court asking the judge to throw out certain claims in a civil or criminal case, or to throw out the case altogether, is called a “Motion to Dismiss.” A Motion to Dismiss is often filed by a defendant immediately after the lawsuit has been served, but may be filed at any time during the proceedings. […]
Read moreWhen parties to a dispute come together before a court or tribunal to present information and evidence fore the purpose of allowing the court to make a decision on the dispute, it is considered to be a trial. In the U.S., a trial occurs in a formal judicial setting before a judge with the authority to adjudicate disputes and claims, […]
Read moreAlternative dispute resolution refers to any methods used to resolve a dispute between parties without resorting to litigation. Alternative dispute resolution (“ADR”) may make use of a third party, such as a mediator, but it is not required. One of the benefits of alternative dispute resolution is that it reduces the load on an overburdened court system. In addition, it […]
Read more