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15 Cards in this Set
- Front
- Back
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Cause of Action
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the basis of a lawsuit founded on legal grounds and alleged facts which, if proved, would constitute all the "elements" required by statute.
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Actionable
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when enough facts or circumstances exist to meet the legal requirements to file a legitimate lawsuit.
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Attachment
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the seizing of money or property prior to getting a judgment in court, in contemplation that the plaintiff will win at trial and will require the money or property to cover (satisfy) the judgment.
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Writ of Attachment
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court order directing a sheriff to seize property of a defendant which would satisfy a judgment against that defendant.
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Affidavit
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Sworn written statement
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Writ of Execution
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a court order to a sheriff to enforce a judgment by levying on real or personal property of a judgment debtor to obtain funds to satisfy the judgment amount (pay the winning plaintiff).
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Injunctive Relief
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a judicial remedy that restrains a particular action
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Temporary Restraining Order
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a temporary order of a court to keep conditions as they are (like not taking a child out of the county or not selling marital property) until there can be a hearing in which both parties are present. More properly it is called a temporary restraining order (shortened to TRO).
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TRO
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Temporary Restraining Order
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Affidavit is Medieval Latin for:
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He has declared upon oath
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Preliminary Injunction (characteristics from class)
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Until full hearing or trial
Harder to get than TRO |
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Preliminary Injuction (term from www)
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. a court order made in the early stages of a lawsuit or petition which prohibits the parties from doing an act which is in dispute, thereby maintaining the status quo until there is a final judgment after trial.
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Injunction
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A court order by which an individual is required to perform, or is restrained from performing, a particular act. A writ framed according to the circumstances of the individual case.
An injunction commands an act that the court regards as essential to justice, or it prohibits an act that is deemed to be contrary to good conscience. It is an extraordinary remedy, reserved for special circumstances in which the temporary preservation of the status quo is necessary. |
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Injunctions can be both restraining orders and restraints on property
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True
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Writ of Mandamus (characteristics from class)
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Issued to government official
"issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly” |
