courts and procedure

When a court considers a lawsuit involving real property, the court may issue a notice of pendency as a provisional remedy. This notice is filed with the property's deed at the county registry. Once the notice is filed, even if the land is sold or transferred, it may still be used to satisfy judgments against the property owner in the lawsuit. Thus, a notice of pendency makes it effectively impossible to sell the affected property, or get a mortgage on it.

Provisional remedies are pre-judgment or pre-trial court orders intended to preserve the status quo until the court issues a final judgment. Provisional remedies include attachment, garnishment, replevin, receivership, notice of pendency, and temporary injunctions such as temporary restraining orders or preliminary injunctions.

Quasi in rem: an overview

When hearing quasi in rem actions, a court may only affect a named defendant's interest in a specific named piece of property. These actions have similarlities with both in rem and in personam actions. As is the case with in rem actions, a court may hear a quasi in rem action if the named property is within the court's jurisdiction, even if the court does not have the power to exercise in personam jurisdiction over the defendant.

Discovery: an overview

In civil actions, parties use the pre-trial discovery process to gather information in preparartion for trial.

fifth amendment: an overview

The Fifth Amendment of the U.S.

Preponderance refers to the evidentiary standard necessary for a victory in a civil case.

fourth amendment: an overview

The Fourth Amendment of the U.S.