legal documents Flashcards
What is a lawsuit?
A claim or dispute brought to a law court for adjudication.
“Her lawyer filed a lawsuit against the company.”
While the term plaintiff has been used for over 800 years as the name for the party in a civil action starting a lawsuit, the English changed the name to what in 1999?
claimant
In a similar vain, the plaintiff files a complaint in the USA. What is it called in England?
claim form
In response to the plaintiff’s lawsuit, the defendant files an answer in the USA. What is it called in England?
Defence
Defense in the US
If the defendant does not respond to the plaintiff, the court will issue, what in German is called a Versäumnisurteil. What is the English word for this?
default decision
If a lawyer needs the court to rule (make a decision) on a specific, narrow legal matter, they make this request in the form of a …
motion
A motion can be oral or written, and is usually resolved in a mini-trial called a “hearing”
The party that brings the motion is called what?
The moving party
What is the difference between a motion on notice or by an order to show cause?
A motion on notice is a ‘normal’ motion, whereas a order to show cause is for emergencies.
-> An order to show cause can be heard anytime the court directs, even fewer than the usual five to eight days, and even as short as a few hours later, if the court is convinced theres a real emergency.
An order to show cause consists of basically the same paperwork associated with a standard motion on notice. The big difference is that an order to show cause is presented to the court ex parte, meaning without both parties being present.
What is it called when a court issues a temporary restraining order or a temporary injunction to stop someone from doing something?
A stay
-> While many judges might feel that dealing with lawyers is like training a dog (particularly the commands - sit, heel and, most particularly, play dead), a ‘stay’ in the legal context is when a judge includes in the order to show cause a provision ‘staying’ (stopping) conduct in order to maintain the status quo until the return date (when both parties will return to court for a hearing on the motion).
What is the English equivalent of an ‘Entscheidung nach Aktenlage’ ?
taking it on the papers
A general order issued by the court to appear in court is a …
summons
An order by the court to present evidence to the court is a …
subpoena
What is the name for a written statement of facts by someone who has sworn to tell the truth, signed in the presence of a legal authority, and as such, can be used as evidence in the courts.
An affidavit
Which of the following is NOT a difference between a German Notar and a common law Notary Public?
A Notar witnesses and certifies documents, a Notary Public does not.
-> A humble Notary Public is a person who is given the power to take oaths/affirmations and to certify documents.
Rather than apparently “magic” (and obscenely expensive) strings and stickers, a Notary Public has a simple stamp to emboss documents by pressing a seal into the paper itself. The fee is usually around $50 to $100.
There are no requirements for Notary Publics to be involved in contract execution, real estate transfers, business founding, etc.; as the common law system has come to the startling conclusion that the vast majority of people in the 21st Century can read and have more than a 6th grade education.
The exact qualifications for who can become a Notary differs from state to state. In general, Notary applicants must be 18 years old and a legal resident of the state with no criminal record. Some states require you Notary applicants to read and write English. So, as you can see, the bar is set pretty high!
A German Notar could typically have worked at a big law firm, but chose to become a Notar instead.
A Notary Public in America could typically have worked at Walmart, but chose to become a Notary Public instead.
