Courts use mixed-motive jury instructions in many discrimination and improper retaliation cases.
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.
Provisional remedies are pre-judgment or pre-trial court orders intended to preserve the status quo until the court issues a final judgment.
A plausible legal claim. In other words, a claim strong enough to have a reasonable chance of being valid if the legal basis is generally correct and the facts can be proven in court. The claim need not actually result in a win.
Two or more courts have concurrent jurisdiction over a case if all of the courts have the power to hear it. Most notably, in the United States federal courts and state courts have concurrent jurisdiction to hear many types of actions. Similarly, a state court of general jurisdiction might have concurrent jurisdiction with specialized courts in the same state, such as family courts or small claims courts.
People are judgment-proof if they lack the resources or insurance to pay a court judgment against them. For example, suppose that a thief steals your car, sells it, and then burns all of his worldly possessions. Even if you sued him and won, you could not recover anything because the thief is judgment-proof.
In a civil action, a request for admission is a discovery device that allows one party to request that another party admit or deny the truth of a statement under oath. If admitted, the statement is considered to be true for all purposes of the current trial. Parties may also use this discovery device to request that other parties verify that documents are genuine.