civil procedure

summons

A summons is a form prepared by the plaintiff and issued by a court that informs the defendant that they are being sued or are required to appear in court. It may be served by a sheriff or other authorized person, such as the process server...

supplemental jurisdiction

A way for federal courts to hear claims for which they would not ordinarily have jurisdiction. Supplemental jurisdiction only exists in the situation where a lawsuit consists of more than one claim, and the federal court has valid jurisdiction (either...

swindle

To swindle means to dispossess someone of money or property through fraud or deceit.

[Last updated in March of 2022 by the Wex Definitions Team]

temporary restraining order

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 (TRO)

Temporary restraining orders (TROs) are a type of short-term injunction issued to prevent a party from taking a certain action until the court is able to issue a more enduring order, such as a preliminary injunction. TROs are a type of...

territorial jurisdiction

Territorial jurisdiction is the court's power to bind the parties to the action. This law determines the scope of federal and state court power. State court territorial jurisdiction is determined by the Due Process Clause of the Constitution'...

test case

Test cases refer to legal actions brought with the intention of challenging or receiving clarification on a present law. The strategy usually involves creating a “controversy” to get into a court that otherwise would not lead to a legal...

testimony

Testimony is oral or written evidence given by the witness under oath, affidavit, or deposition during a trial or other legal procedures. According to Rule 43 of the Federal Rules of Civil Procedure, testimony taking should be conducted in an...

third-degree instruction

Third degree Instruction is an instruction given by a court to a deadlocked jury to encourage it to continue deliberating until it reaches a verdict. Also called Allen charge, dynamite charge, nitroglycerine charge, and shotgun charge....

third-party beneficiary

A third-party beneficiary is a person who is not a contracting party of a contract but can still receive the benefits from the performance of the contract. The privity of the contract is between the contracting parties - the promisor and...

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