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Litigation
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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Lawsuit (other)
A lawsuit is a legal case. Lawsuit may also refer to:The Lawsuit (opera), a 2009 comic opera by Svetlana Nesterova, based Nikolai Gogol's work The Lawsuit, a fragmentary scene by Nicolai Gogol from the unfinished play The Order of Vladimir, Third ClassThis disambiguation page lists articles associated with the title Lawsuit. If an internal link led you here, you may wish to change the link to point directly to the
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Indispensable Party
An indispensable party (also called a required party, necessary party, or necessary and indispensable party) is a party in a lawsuit whose participation is required for jurisdiction or the purpose of rendering a judgment. In reality, a party may be "necessary" but not indispensable. For example, if s/he claims an interest in the litigation, that interest may be impeded if s/he is not joined. That doesn't transform him or her into an indispensable party unless her absence threatens some other party's interest. Often, an indispensable party is any party whose rights are directly affected by disposition of the case. Many jurisdictions have rules which provide for an indispensable party to be joined (brought into the case as a party) at the discretion of the judge. In some cases, the inability to join such a party means that the case must be dismissed
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Case Information Statement
A Case Information Statement (or Cover Sheet) is a document which is filed with a court clerk at the commencement of a civil lawsuit in many of the court systems of the United States. It is generally filed along with the complaint. Some states use similar documents for criminal cases as well.Contents1 Purpose and terminology 2 Case Information Statements in civil cases 3 Case Information Statements in criminal cases 4 New York's Request for Judicial Intervention 5 References 6 External links6.1 Examples of case information statements 6.2 Examples of civil cover sheetsPurpose and terminology[edit] The purpose of a Case Information Statement is to let the judge and court clerk know what type of case is being brought by the parties, so that they can better prepare for the case to come to trial
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A Civil Action
A Civil Action
A Civil Action
is a non-fiction book by Jonathan Harr about a water contamination case in Woburn, Massachusetts, in the 1980s. The book became a best-seller and won the National Book Critics Circle Award for nonfiction. The case is Anderson v. Cryovac. The first reported decision in the case is at 96 F.R.D. 431 (denial of defendants' motion to dismiss). A 1998 film of the same name, starring John Travolta
John Travolta
as Jan Schlichtmann and Robert Duvall
Robert Duvall
as Jerome Facher, was based on the book. Plot summary[edit] After finding that her child is diagnosed with leukemia, Anne Anderson notices a high incidence of leukemia, a relatively rare disease, in her city. Eventually she gathers other families and seeks a lawyer, Jan Schlichtmann, to consider their options. Schlichtmann originally decides not to take the case due to both the lack of evidence and a clear defendant
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Answer (law)
In law, an Answer was originally a solemn assertion in opposition to someone or something, and thus generally any counter-statement or defense, a reply to a question or response, or objection, or a correct solution of a problem.[1] In the common law, an Answer is the first pleading by a defendant, usually filed and served upon the plaintiff within a certain strict time limit after a civil complaint or criminal information or indictment has been served upon the defendant. It may have been preceded by an optional "pre-answer" motion to dismiss or demurrer; if such a motion is unsuccessful, the defendant must file an answer to the complaint or risk an adverse default judgment. In a criminal case, there is usually an arraignment or some other kind of appearance before the defendant comes to court. The pleading in the criminal case, which is entered on the record in open court, is usually either guilty or not guilty
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Affirmative Defense
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct. In civil lawsuits, affirmative defenses include the statute of limitations, the statute of frauds, waiver, and other affirmative defenses such as those listed in Rule 8 (c) of the Federal Rules of Civil Procedure. In criminal prosecutions, examples of affirmative defenses are self defense,[1] insanity, and the statute of limitations.Contents1 Description1.1 Mistake of fact 1.2 The insanity plea 1.3 Burden of proof 1.4 Governing rules 1.5 Affirmative vs
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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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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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Crossclaim
A crossclaim is a claim asserted between codefendants or coplaintiffs in a case and that relates to the subject of the original claim or counterclaim according to Black's Law
Law
Dictionary. A cross claim is filed against someone who is a co-defendant or co-plaintiff to the party who originates the crossclaim. In common law, a crossclaim is a demand made in a pleading that is filed against a party which is on the "same side" of the lawsuit.[1] U.S. federal courts[edit] In the Federal Rules of Civil Procedure this is codified in Rule 13(g). In the federal rules, a crossclaim is proper if it relates to a matter of the original jurisdiction. Proper jurisdiction is determined by a finding of whether the suit that is being initiated arises from the same transaction or occurrence that is the subject matter of the suit. The policy for allowing crossclaims is that they promote efficiency and consistency
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Joinder
In law, a joinder is the joining of two or more legal issues together. Procedurally, a joinder allows multiple issues to be heard in one hearing or trial and is done when the issues or parties involved overlap sufficiently to make the process more efficient or more fair. It helps courts avoid hearing the same facts multiple times or seeing the same parties return to court separately for each of their legal disputes. The term is also used in the realm of contracts to describe the joining of new parties to an existing agreement.Contents1 Criminal procedure 2 Civil procedure2.1 Joinder of claims 2.2 Joinder of parties 2.3 Timing3 Contract law 4 ReferencesCriminal procedure[edit] Joinder in criminal law refers to the inclusion of additional counts or additional defendants on an indictment
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Impleader
Impleader is a procedural device before trial in which one party joins a third party into a lawsuit because that third party is liable to an original defendant
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Complaint
In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party or parties against whom the claim is brought (the defendant(s)) that entitles the plaintiff(s) to a remedy (either money damages or injunctive relief). For example, the Federal Rules of Civil Procedure (FRCP) that govern civil litigation in United States courts provide that a civil action is commenced with the filing or service of a pleading called a complaint. Civil court rules in states that have incorporated the Federal Rules of Civil Procedure use the same term for the same pleading. In Civil Law, a “complaint” is the very first formal action taken to officially begin a lawsuit
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Interpleader
Interpleader is civil procedure that allows a plaintiff or a defendant to initiate a lawsuit in order to compel two or more other parties to litigate a dispute. An interpleader action originates when the plaintiff holds property on behalf of another, but does not know to whom the property should be transferred. It is often used to resolve disputes arising under insurance contracts.Contents1 Usage 2 Application 3 History3.1 Origins in common law and equity 3.2 Subsequent development in England and Wales 3.3 In the United States4 Different types of interpleader in U.S. Federal practice4.1 Statutory Interpleader 4.2 Rule Interpleader4.2.1 Bankruptcy 4.2.2 Federal Rules of Civil Procedure 225 Interpleader in U.S. State practice 6 See also 7 Further reading 8 References 9 External linksUsage[edit] In an interpleader action, the party initiating the litigation, normally the plaintiff, is termed the stakeholder
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Initial Conference (law)
In a written or published work, an initial or drop cap is a letter at the beginning of a word, a chapter, or a paragraph that is larger than the rest of the text. The word is derived from the Latin
Latin
initialis, which means standing at the beginning. An initial is often several lines in height and in older books or manuscripts, sometimes ornately decorated. In illuminated manuscripts, initials with images inside them, such as those illustrated here, are known as historiated initials. They were an invention of the Insular art
Insular art
of the British Isles in the eighth century. Initials containing, typically, plant-form spirals with small figures of animals or humans that do not represent a specific person or scene are known as "inhabited" initials. Certain important initials, such as the Beatus initial or "B" of Beatus vir..
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Interrogatories
In law, interrogatories (also known as requests for further information)[1] are a formal set of written questions propounded by one litigant and required to be answered by an adversary in order to clarify matters of fact and help to determine in advance what facts will be presented at any trial in the case.[2]Contents1 Use of Interrogatories 2 Specific jurisdictions2.1 England and Wales 2.2 United States3 See also 4 ReferencesUse of Interrogatories[edit] Interrogatories are used to gain information from the other party relevant to the issues in a lawsuit.[2] The law and issues will differ depending upon the facts of a case and the laws of the jurisdiction in which a lawsuit is filed
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