Pleadings and motions العريضة والطلبات امام المحاكم الامريكية
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Pleadings and motions are formal written statements filed with the court that inform all parties of the claims and requests being made. There are seven types of pleadings allowed under federal rules, including complaints, answers to complaints, and replies to answers. Pleadings can be categorized as either notice pleadings, which provide allegations to give notice of the lawsuit, or fact pleadings, which provide specific facts. Motions are formal requests made to the judge, such as motions to dismiss a case or motions for temporary restraining orders.
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The document discusses pleadings in law, which are formal written statements of a party's claims or defenses in a civil action that define the issues to be adjudicated. It covers the overview of pleadings, drafting, and conveyancing. Specifically:
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- Indian civil procedure is based on the Civil Procedure Code, with rules regarding pleadings meant to facilitate substantive justice by informing each side of the other's case. Pleadings must contain only concise, material facts and be read
Claims in Arbitrations
This document discusses arbitration and how claims are resolved through the arbitration process. It defines arbitration as a private dispute resolution process where parties agree to have their dispute decided by an independent arbitrator. Claims refer to arguments or evidence presented to support a position. In arbitration, claims can arise from single or multiple contracts, or non-contractual issues. The arbitration process involves filing a demand, selecting an arbitrator, preliminary hearings, exchanging information and evidence, a final hearing, post-hearing submissions, and a final award by the arbitrator to resolve the claims.
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RES JUDICATA
The document discusses the legal doctrine of res judicata. It begins by defining res judicata as "the thing has been judged" or "a dispute decided." There are three main principles underlying res judicata: no one should be vexed twice for the same cause, it is in the interest of the state for litigation to end, and a judicial decision must be accepted as correct. Res judicata applies broadly to civil suits, criminal proceedings, and other legal matters. For res judicata to apply, the matter must be directly at issue in both cases, between the same parties under the same title, and decided by a competent court. A matter can be actually or constructively at issue. Res judicata differs from estoppel
Notes on rule 6 to 13 codal
Pleadings are written statements submitted to assert claims and defenses. The main pleadings discussed are complaints, counterclaims, cross-claims, answers, and replies. A complaint must state the names of the plaintiff and defendant, contain a concise statement of ultimate facts, and relief prayed for. A counterclaim is a claim by the defendant against the plaintiff arising from the same transaction. It must be answered within 10 days. An answer sets forth defenses, which can be negative (specific denial) or affirmative (new matter like payment or statute of limitations). Replies respond to answers. A complaint must establish a right of the plaintiff, an obligation of the defendant, and a violation of that right. Pleadings must comply with
Appellateprocess05072010
The document provides an overview of the appellate process in the Fourth District Court of Appeal. It describes that the court hears both criminal and civil appeals from lower courts' decisions. It then outlines the basic steps in an appeal, including starting an appeal by filing a notice, preparing the record and transcripts, writing briefs, requesting oral argument, and receiving a decision from the appellate court in the form of an opinion. It also discusses the concepts of preserving errors and determining whether errors were harmful or harmless.
Concept of law suit
This document discusses the concept of a lawsuit and the importance of pleadings in civil litigation. It provides definitions and explanations of key terms like pleading, plaint, and written statement. The main points are:
1) Pleadings are the formal written statements that define the issues in a civil lawsuit. They help narrow the matters in dispute and prevent surprises at trial.
2) The main types of pleadings are the plaint, which is the plaintiff's statement of claims, and the written statement, which is the defendant's reply and defenses.
3) Pleadings must be confined to material facts and prevent irrelevant information. Their purpose is to ascertain the exact matters in disagreement to facilitate appropriate evidence and
pdc SUBJECt unit 1.pdf
DRAFTING PLEADING AND CONVEYANCING THIS FILE IS GOOD AND EXCELLENT OPPORTUNITY AND THE PRACTICAL FILE THIS FILE MAY BE USE IN LL.B 5 SEM 6 PAPER AND THE FILE QUALITY IS VERY GOOD
Summons
- The document discusses the process of summons under the Code of Civil Procedure, 1908 in Bangladesh. It defines a summons as a document used to inform a defendant of a legal proceeding requiring their presence.
- It explains that a summons provides important case details like the plaintiff and defendant names, court name and address, case number, and date the defendant must appear or respond. Failure to comply can result in a default judgment or penalties.
- The document outlines the specific sections of the Bangladesh Code of Civil Procedure regarding issuing summons to defendants, service of foreign summonses, ordering discovery, summoning witnesses, and penalties for non-compliance.
Module three courts (1)
This document provides an overview of judicial review, jurisdiction, establishing minimum contacts in an internet context, the state and federal court systems, the stages of a state court case including pleadings, discovery, pretrial motions, trial procedures, post-trial motions, appeals, and enforcing judgments. It also discusses alternatives to litigation for resolving disputes such as negotiation, mediation, and arbitration.
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civil procedures for the injustice with legal framework.
civil procedures for the injustice with legal framework.
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DRAFTING COURT LEGAL DOCUMENTS FOR ARAB LAWYERS AND LAW SCHOOL STUDENTS
This document discusses avoiding compound constructions in legal writing. It provides examples of common compound prepositions and conjunctions that can be replaced with simpler one- or two-word alternatives, such as "by" instead of "by means of" and "if" instead of "in the event that". Readers are advised to replace noun sandwiches like preposition-noun-preposition with clearer single words and identify other wordy phrases legal documents. Sample sentences are rewritten to demonstrate stripping out unnecessary compound terms.
Human Rights for Arab legal school students
This document provides a summary of the first 11 articles of the Universal Declaration of Human Rights.
Article 1 establishes that all humans are born free and equal in dignity and rights.
Article 2 entitles everyone to all the rights and freedoms set forth in the Declaration, without distinction of any kind.
Article 3 establishes that everyone has the right to life, liberty and security of person.
The subsequent articles prohibit slavery, torture, arbitrary arrest, and establish rights to an effective remedy, a fair trial, and the presumption of innocence.
The document analyzes the key principles and regulations established in each of the first 11 articles of the UDHR.
حقوق إنجليزي لطلاب Human Rights 2.pptx
This article outlines several rights related to work including:
1) The right of all individuals to work and choose their employment
2) The right to just and favorable work conditions and protection from unemployment
3) The right to equal pay for equal work without discrimination
It also mentions rights to rest, reasonable working hours, and periodic paid holidays.
Drafting legal Court Documents & Contracts
This document provides guidance on writing in plain English for legal contexts. It emphasizes using everyday words and short sentences with the active voice. Glue words like articles and conjunctions are necessary but should not comprise too high a proportion of the total words. The document offers examples of rewriting wordy sentences to be tighter and clearer by omitting unnecessary phrases and reducing the number of glue words. The revised sentences convey the same meaning using fewer words.
Rights of the accused
The document discusses the rights of the accused under the US Constitution. It summarizes the key rights guaranteed by the 4th, 5th, 6th, 8th, and 14th Amendments, including the rights to due process, a speedy trial, confrontation of witnesses, protection from unlawful search and seizure, protection from self-incrimination, and equal protection under the law. These rights place restrictions on government power and guarantee a fair legal process for criminal defendants.
Drafting contract
The document provides tips on how to draft a strong contract, including keeping it simple, spelling out all details, including conflict resolution procedures, using shall to indicate a legal requirement, avoiding unnecessary legalese, developing an outline to prevent omissions, being concise, simplifying language, using active voice and base verbs rather than nouns, ensuring all parties can participate, and including consideration, terms, confidentiality clauses, termination clauses, and ensuring it follows applicable laws. Key elements of a valid contract are also listed.
الجنحة
This document provides an overview of intentional tort law. It defines intentional torts as civil wrongs resulting from intentional acts. The 8 main intentional torts are listed as battery, assault, false imprisonment, fraud, intentional infliction of emotional distress, defamation, invasion of privacy, trespass, and conversion. Elements of intentional torts are also discussed, with battery provided as an example requiring intent, an act, causation, and harmful/offensive contact. Defenses to intentional torts are mentioned, such as consent, self-defense, privilege, and proving the elements of the tort are not met.
Penology
This document provides definitions and explanations of key concepts in criminology and penology. It defines penology as the study of crime punishment and prison management. Criminology is defined as the scientific study of crime and efforts by society to control crime. The document outlines the differences between criminology and penology, and describes the four types of penology. It also discusses the sciences involved in criminology and criminalistics.
Witness statement
This document provides information about witness statements, including:
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- Anyone over 18 with relevant knowledge and mental capacity can provide a witness statement.
- A witness statement is a type of written evidence that can help establish facts in an investigation.
- While a witness statement alone is not enough to convict, it can commit a witness to their version of events and help experts form opinions.
Mens rea2 الركن المعنوى للجريمة
This document discusses the legal concept of mens rea, which refers to the mental state or intent required to commit a crime. It provides definitions of mens rea and notes that most legal systems require criminal intent for most crimes. The document also discusses different types of mens rea, exceptions for strict liability crimes, and related concepts like actus reus, transferred intent, and corporate liability.
Actus reus الركن المادى للجريمة
This document discusses the concept of actus reus, which is the physical or external element of a crime. It explains that for a crime to occur there must be both an actus reus (physical act) and mens rea (guilty mind). The act must be voluntary - it cannot be something involuntary like sleepwalking. Examples of actus reus include taking property for theft or unlawfully killing for murder. Mere thoughts or status are not enough to constitute an actus reus. Omissions can also qualify as an actus reus if there is a legal duty to act. Possession requires knowing control over an item. The act must also be the factual and proximate cause of the prohibited result for
Mens rea
This document discusses the concept of mens rea, which refers to the mental state or intent required for a crime. It notes that mens rea is the mental part of a crime, while the physical part is known as actus reus. There are different levels of mens rea, including general intent, specific intent, knowledge, recklessness, and criminal negligence. Strict liability crimes are also discussed, which do not require proof of mens rea. Various examples are provided to illustrate concepts like transferred intent, vicarious liability, and different levels of mens rea for the crimes of murder, manslaughter, and negligent homicide.
Deeds النصرفات العقارية
A deed is a written legal document that transfers ownership of real property. The most common types of deeds are general warranty deeds, limited warranty deeds, and quitclaim deeds. A general warranty deed provides the strongest assurance of clear title, as the seller warrants that there are no defects or liens on the property and agrees to compensate the buyer if any claims arise. General warranty deeds are most commonly used due to the protections they provide buyers.
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This document discusses strategies for using photos in the classroom. It suggests letting students figure things out on their own and construct their own understanding from photos rather than being directly taught. The document also provides contact information for Ezzeldin Bassyouni, including an email address and phone number.
Breach OF contracts
This document discusses different types of contract breaches. It defines a breach as the unjustified failure to perform terms of a contract. There are three main categories of breach: 1) Breach by non-performance, where a party fails to complete their obligations. 2) Breach by non-conforming performance, where a party performs but does so in a substandard way. 3) Breach by anticipatory repudiation, where a party asserts they will not perform their promised obligations. The document provides examples of each type of breach and discusses remedies available to the non-breaching party.
Mangement 2
A functional organizational structure groups individuals by their specific functions. All managers of different functional areas report to a director or vice president responsible for operational areas. While this structure separates functions by expertise, it can lead to silos focusing only on their area. A customer organizational structure organizes by customer type to ensure their expectations are met. In healthcare, outpatients and inpatients have different needs. A geographic organizational structure organizes by region to better support logistical demands and regional customer differences, with each region typically reporting to a central overseer. This is common for companies with customers across large areas.
Us court system part 1 (2)
The US court system is called the adversarial system. The main duties of US courts are to resolve disputes, interpret the law, conduct judicial review, and in some cases make new law. The court system is hierarchical, with the Supreme Court at the top as the highest court of appeal. Lower courts include intermediate appellate courts and trial courts like district courts and municipal courts. Courts derive their authority from the US and state constitutions. They can also interpret laws passed by Congress, city councils, and administrative agencies. Through judicial review, courts ensure lower courts, legislatures, and executive bodies comply with the constitution.
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本公司拥有海外各大学样板无数，能完美还原。
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三.真实教育部学历学位认证（教育部存档！教育部留服网站永久可查）
四.办理各国各大学文凭(一对一专业服务,可全程监控跟踪进度)
如果您处于以下几种情况：
◇在校期间，因各种原因未能顺利毕业……拿不到官方毕业证【q/微741003700】
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◇回国时间很长，忘记办理；
◇回国马上就要找工作，办给用人单位看；
◇企事业单位必须要求办理的
◇需要报考公务员、购买免税车、落转户口
◇申请留学生创业基金
留信网认证的作用:
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4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
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办理(waikato毕业证书)新西兰怀卡托大学毕业证双学位证书原版一模一样
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本公司拥有海外各大学样板无数，能完美还原海外各大学 Bachelor Diploma degree, Master Degree Diploma
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留信网认证的作用:
1:该专业认证可证明留学生真实身份
2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
6:个人职称评审加20分
7:个人信誉贷款加10分
8:在国家人才网主办的国家网络招聘大会中纳入资料，供国家高端企业选择人才
Energizing Communities, Fostering Growth, Sustaining Futures
USDA grants bolster rural communities, driving growth, sustainability, and prosperity through strategic development initiatives and financial support.
原版仿制(aut毕业证书)新西兰奥克兰理工大学毕业证文凭毕业证雅思成绩单原版一模一样
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本公司拥有海外各大学样板无数，能完美还原海外各大学 Bachelor Diploma degree, Master Degree Diploma
1:1完美还原海外各大学毕业材料上的工艺：水印，阴影底纹，钢印LOGO烫金烫银，LOGO烫金烫银复合重叠。文字图案浮雕、激光镭射、紫外荧光、温感、复印防伪等防伪工艺。材料咨询办理、认证咨询办理请加学历顾问Q/微741003700
留信网认证的作用:
1:该专业认证可证明留学生真实身份
2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
6:个人职称评审加20分
7:个人信誉贷款加10分
8:在国家人才网主办的国家网络招聘大会中纳入资料，供国家高端企业选择人才
Lifting the Corporate Veil. Power Point Presentation
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
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本公司拥有海外各大学样板无数，能完美还原。
1:1完美还原海外各大学毕业材料上的工艺：水印，阴影底纹，钢印LOGO烫金烫银，LOGO烫金烫银复合重叠。文字图案浮雕、激光镭射、紫外荧光、温感、复印防伪等防伪工艺。材料咨询办理、认证咨询办理请加学历顾问Q/微741003700
【主营项目】
一.毕业证【q微741003700】成绩单、使馆认证、教育部认证、雅思托福成绩单、学生卡等！
二.真实使馆公证(即留学回国人员证明,不成功不收费)
三.真实教育部学历学位认证（教育部存档！教育部留服网站永久可查）
四.办理各国各大学文凭(一对一专业服务,可全程监控跟踪进度)
如果您处于以下几种情况：
◇在校期间，因各种原因未能顺利毕业……拿不到官方毕业证【q/微741003700】
◇面对父母的压力，希望尽快拿到；
◇不清楚认证流程以及材料该如何准备；
◇回国时间很长，忘记办理；
◇回国马上就要找工作，办给用人单位看；
◇企事业单位必须要求办理的
◇需要报考公务员、购买免税车、落转户口
◇申请留学生创业基金
留信网认证的作用:
1:该专业认证可证明留学生真实身份
2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
6:个人职称评审加20分
7:个人信誉贷款加10分
8:在国家人才网主办的国家网络招聘大会中纳入资料，供国家高端企业选择人才
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4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
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本公司拥有海外各大学样板无数，能完美还原海外各大学 Bachelor Diploma degree, Master Degree Diploma
1:1完美还原海外各大学毕业材料上的工艺：水印，阴影底纹，钢印LOGO烫金烫银，LOGO烫金烫银复合重叠。文字图案浮雕、激光镭射、紫外荧光、温感、复印防伪等防伪工艺。材料咨询办理、认证咨询办理请加学历顾问Q/微741003700
留信网认证的作用:
1:该专业认证可证明留学生真实身份
2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
6:个人职称评审加20分
7:个人信誉贷款加10分
8:在国家人才网主办的国家网络招聘大会中纳入资料，供国家高端企业选择人才
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本公司拥有海外各大学样板无数，能完美还原海外各大学 Bachelor Diploma degree, Master Degree Diploma
1:1完美还原海外各大学毕业材料上的工艺：水印，阴影底纹，钢印LOGO烫金烫银，LOGO烫金烫银复合重叠。文字图案浮雕、激光镭射、紫外荧光、温感、复印防伪等防伪工艺。材料咨询办理、认证咨询办理请加学历顾问Q/微741003700
留信网认证的作用:
1:该专业认证可证明留学生真实身份
2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
6:个人职称评审加20分
7:个人信誉贷款加10分
8:在国家人才网主办的国家网络招聘大会中纳入资料，供国家高端企业选择人才
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Pleadings and motions العريضة والطلبات امام المحاكم الامريكية
- 1. Pleadings and Motions أمام والطلبات العريضة األمريكية المحاكم
- 2. A pleading is a formal written statement filed with the court by a party to a civil action. Formal documents filed in a law suit that inform all parties of the basis of the claims Why do you file up the case ? Why do you sue someone ?
- 3. Pleadings can be categorized as complaints or answers A party filing a complaint is the complaining party, while the other side is the responding party.
- 4. The federal rules allow seven types of pleadings (1) a complaint (2) an answer to a complaint (3) an answer to a counterclaim designated as a counterclaim (4) an answer to a crossclaim (5) a third-party complaint (6) an answer to a third-party complaint-- and (7) if the court orders one, a reply to an answer.
- 5. Pleadings could be notice pleadings fact pleadings
- 6. A notice pleading merely gives notice of the allegation and the reasons for the lawsuit. Rather than offering proof, notice pleadings offer “allegations,” which are then proved or disproved during the proceedings.
- 7. “Fact” pleading, on the other hand, is fact- specific . pleading of all facts
- 8. Note : Today, the federal rules and the rules in most states require only “notice” pleading, leaving the more fact-heavy inquires for motions and trial.
- 9. Concepts
- 10. DUE PROCESS OF LAW fairness, proceedings that must be followed before deprived , denied someone property freedom or life
- 12. Joinder of parties motion to include as many parties in a single suit to avoid duplications or Wasting time
- 13. TYPE OF PLEADINGS A petition : filed by plaintiff to initiate a law suit Answers : the plaintiff answers to contest plaintiff claim Counter claim : defendant files a claim against plaintiff
- 14. Third party petition : existing party usually defendant files against a third party Cross claim filed against a co- party one defendant against another Intervention : a claim by a rd. party who wants to be in the case
- 15. Interpleader is a civil procedure device 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= filled by plaintiff who is exposed to multiple liability, requesting court determine to whom plaintiff is liable to
- 16. PARTS OF THE PLEADING CAPTION STYLE DOCKET COURT Smith vs Albert ------------- -------------- body :describe the course of actions this can include several causes of actions why you file up in this court jurisdictions ? plain language description –no fancy no legalize be focus Relief of sought cover damages –injunction prayer : ask for the relief ask for judgement
- 17. PARTIES plaintiff bring the lawsuit defendant sued for alleged wrong plaintiff must be a real party has a right to sue . plaintiff must have standing to sue has interest has suffered real direct injuries parties must have capacity to sue or be sued . incapacity person should have a guardian or next friend .
- 18. Attachment VERFICATIONS :brief affidavit stating the content of the pleadings are true and correct exhibits examples contracts –deed- promissory note certificate of service certificate by attorney that document sent to other party proposed TRO temporary restrain order if a party seek injunction show case order -notice of hearing order by judge to appear before the court
- 19. A temporary restraining order (TRO) is a legal document issued by a judge before trial that forces or prevents an action for a specified time frame
- 20. Temporary restraining orders (TRO) are short-term pre-trial temporary injunctions. To obtain a TRO, a party must convince the judge that he or she will suffer immediate irreparable injury unless the order is issued. If the judge is convinced that a temporary restraining order is necessary, he or she may issue the order immediately, without informing the other parties and without holding a hearing.
- 21. A motion is a formal request to the judge to either take an action or to require that a party do something. An example of the former would be a motion to dismiss the case , while the latter might be a motion for a restraining order.
- 22. Rule 12 motions include: motion to dismiss because of lack of subject matter jurisdiction. This is filed when the case is in the wrong court, such as a divorce in bankruptcy court or a million-dollar case in small claims court. lack of personal jurisdiction insufficient service of process
- 23. Next DISCOVERY