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I believe this falls under 'change of venue'. A defendant or the prosecution may ask a judge to change the venue or to change the jurisdiction where the case is being prosecuted. This may be the case if a defendant believes he may get a fair trial. A jurisdictional defense is one based on whether the court has jurisdiction over the defendant. For example, if one has to be personally served but was served by some other, unauthorized means, the court may not have jurisdiction over that person. In other words that person has a jurisdictional defense to the action. If however, the person appears in court and does not raise the jurisdiction issue, he/she has waived that defense. Here's how this plays out. A plaintiff claims to have served a defendant with process. Once the defendant does not answer within the time prescribed by law, the plaintiff would then move for a default judgment. The defendant become aware of the default judgment when the plaintiff attempts to execute on it (e.g., restrain his bank account...) The defendant then files a motion/order to show cause asking the court to vacate the default judgment. The plaintiff agrees to vacate the judgment provided the defendant "waives jurisdictional defenses,"i.e. lack of personal service.
What else can I help you with?
What is the definition of doctrine of waiver?
waiver Intentional relinquishment of a right, claim, or privilege. The document that evidences such relinquishment. A dispensation, as from a rule or penalty. Waiver The voluntary surrender of a known right; conduct supporting an inference that a particular right has been relinquished. The term waiver is used in many legal contexts. A waiver is essentially a unilateral act of one person that results in the surrender of a legal right. The legal right may be constitutional, statutory, or contractual, but the key issue for a court reviewing a claim of waiver is whether the person voluntarily gave up the right. If voluntarily surrendered, it is considered an express waiver.
Which civilization had greater natural defenses?
Mesopotamia was the civilization that had greater natural defenses.
What island was the keystone of the Japanese defenses?
Okinawa
Who built Roman defenses in Britain?
Emperor Hadrian is responsible for many of the defenses built in Britain. He is most well known for Hadrian's Wall in Northern Britain.
Can you get your cdl in Louisiana if your diabetic?
Only if you're somehow able to get a medical waiver.
What are some examples of affirmative defenses that can be raised in civil cases?
Some examples of affirmative defenses in civil cases include self-defense, statute of limitations, contributory negligence, and waiver. These defenses allow the defendant to argue that even if the plaintiff's claims are true, there are legal reasons why they should not be held liable.
What is an express waiver?
An express waiver is a clear and intentional relinquishment of a known right or privilege, typically communicated explicitly through words or actions. It differs from an implied waiver, which may be inferred from a party's conduct. Express waivers are often used in legal contexts, such as contracts or liability releases, where one party agrees to forgo certain claims or defenses. For a waiver to be enforceable, it generally must be made voluntarily and with full awareness of the implications.
What is jurisdictional autonomy dealing with emergency management?
jurisdictional autonomy
What are jurisdictional powers?
Jurisdictional Powers is the division of power in the Canadian governement.
What are the three types of judicial waiver?
judicial, prosecutorial waiver and legislative waiver
What are the affirmative defenses for debt collection?
Examples include Statute of Limitations, Doctrine of Laches, Lack of Standing, Plaintiff not licensed by Department of Consumer Affairs as a debt collector, Lack of Personal Jurisdiction. There may be other affirmative defenses, these are just a few and not all of them may be relevant to your specific situation. If you fail to raise an affirmative defense, then you may lose the defense by waiver. So, it is vital to raise all affirmative defenses in your answer to a complaint.
What is waiver in Tagalog?
Tagalog translation of WAIVER: paubaya
What is a visa waiver?
First of all, the term "waiver" comes up in Immigration law more than once and, in more than one case the term is related to a visa. Most commonly, "visa waiver" and "waiver of inadmissibility." There is a difference between a visa waiver and a waiver of inadmissibility. A visa waiver applies when a qualifying alien comes to the United States without formally applying for a waiver at a US consulate.
How long does it take for marine medical waiver to be approved?
A waiver of WHAT ?
Does a waiver excuse you from taking your drivers license test?
A waiver of WHAT?
how do i get a waiver?
That all depends on what type of waiver and from whom. Your best bet it to contact the organization that you are trying to get a waiver from and ask them about the steps involved from them.
Example letter of a waiver in a reality show?
If you sign the waiver, they own you.
