courts and procedure

service by fax

Definition from Nolo’s Plain-English Law DictionaryUsing a fax machine to deliver legal documents, which otherwise would be sent with a process server or served by mail. Service by fax is often specifically allowed by statute, and is followed by mailing...

service by mail

Definition from Nolo’s Plain-English Law DictionaryMailing legal pleadings to opposing attorneys or parties, while filing the original with the court clerk, along with a declaration stating that the copy was mailed to a particular person at a specific...

service by publication

Definition from Nolo’s Plain-English Law DictionaryServing a summons or other legal document in a lawsuit on a defendant by publishing the document in an advertisement in a newspaper of general circulation. Service by publication is used to attempt to...

Service of Process

The Due Process clauses in the United States Constitution prohibit courts from exercising personal jurisdiction over a defendant unless the defendant has proper notice of the court's proceedings. To meet this rule, courts require plaintiffs to arrange...

set

Definition from Nolo’s Plain-English Law DictionaryTo schedule, as to "set a case for trial."

Definition provided by Nolo’s Plain-English Law Dictionary.

setting

Definition from Nolo’s Plain-English Law Dictionary1) The scheduling of a particular legal proceeding, such as a hearing or trial. 2) The date and time when a particular hearing or trial is scheduled to take place.

Definition provided by Nolo’s Plain-...

Sherman Antitrust Act

Definition

The Sherman Antitrust Act of 1890 is a federal statute which prohibits activities that restrict interstate commerce and competition in the marketplace. The Sherman Act was amended by the Clayton Act in 1914. The Sherman Act is codified in 15...

shifting the burden of proof

Definition from Nolo’s Plain-English Law DictionaryIn a lawsuit, the transfer of the obligation to prove particular facts from one party to the other. For example, the person who sued (the plaintiff) initially bears the burden of proving facts that, if no...

shoplifting

Definition

The willful theft of merchandise from a retail establishment without the knowledge or consent of the seller with the intention of converting those goods for one’s personal use and without having paid the purchase price. Shoplifting is...

shortening time

Definition from Nolo’s Plain-English Law DictionaryA court order allowing a motion or other legal matter to be set at a time shorter than provided by law or court rules. Shortening time is usually granted when the time for trial or some other court action...

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