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Is defendant and respondent the same?
A defendant is the party being sued in a civil or criminal lawsuit. In some types of cases, such as that of divorce, a defendant is also called a respondent.
What does respondent mean in legal term?
A "respondent" is a party to a lawsuit who files a written response to a pleading seeking affirmative relief by another party. It is generally reserved for a party filing a response to an appeal. The party taking the appeal is the "Appellant" and the responding party is the "Respondent." In less formal instances it can also refer to a party responding to a motion in a trial court matter as well. The term is not used to refer to a party answering an initial summons and complaint.
Who is the person that is being sued called?
It depends on the particular rules of civil procedure in the jurisdiction, but "Defendant" is a common title in Common Law Countries. "Respondent" can be found also.
What happens if a defendant cannot pay damages in a legal case?
If a defendant cannot pay damages in a legal case, they may face consequences such as wage garnishment, seizure of assets, or a payment plan being set up. In some cases, the court may also order the defendant to perform community service or face other penalties.
How does defendant in mental competency hearing get legal representation?
The court can appoint a legal representative and said person can also request representation. In short the presiding judge will ask the person, if they refuse the case can continue.
What is a 'Motion for Statement of Particulars' as Prepared By Proscutor?
The document supplied by the prosecutor's offense in response to a request from the defendant or defendant's legal counsel or by order of the court that contains all the pertinent factual information concerning the crime for which the person(s) are charged. The motion is usually made by the defendant's legal counsel to be used to prepare the case for the defense. It is also used in appellate actions by the court if there appears to be a violation of the defendant's civil rights or other matter that would have a bearing on the outcome of an original trial.
What is the 'party' of a case in the US Supreme Court?
"Party," in general legal parlance, means the Plaintiff(s) and Defendant(s), or the Petitioner(s) and the Respondent(s), or the Appellee(s) and Appellants(s), the specific people or organizations who have a grievance against each other. This does not include their attorneys, witnesses, or other related people.The US Supreme Court most often refers to the parties as the Petitioner(s) (the person or people who requested the Court review their case on appeal) and the Respondent(s) (the Petitioner(s) opponent). They also use the terms Appellee and Appellant, but this is somewhat archaic language.
Can the defendant also serve as a witness in the trial?
Yes, the defendant can serve as a witness in the trial, but they are not required to do so.
Is judgment proof legal in Kentucky?
"Judgment-proof" means that even if a plaintiff obtains its civil judgment against its defendant, the defendant has no assets from on which the court can levy in proceedings in aid of execution to satisfy the judgment. It also generally implies that as a result the defendant is not worth being sued, because the possibility of ultimately recovering a money judgment is nil.Added: There is no such legal principle as judgment proof. It is not a defense to a lawsuit. One can obtain a judgment against a defendant, regardless of the ability to collect the judgment. Plaintiffs often choose to proceed against defendants who appear to be judgment proof because they believe that the defendant will eventually have assets or income against which to collect.You are correct. The status of being judgment-proof is as a matter of fact and not a matter of law. Which is why I used the word "implied" and not the word "holds". Therefore, it is legal to the extent that as a matter of fact the judgment cannot be satisfied.
Are attorneys also considered doctors in the legal field?
No, attorneys are not considered doctors in the legal field. Attorneys are professionals who are trained in the law and provide legal advice and representation, while doctors are medical professionals who diagnose and treat illnesses and injuries.
Does a lawyer have an obligation to tell a prospective client that he or she has been sued?
When the plaintiff files a civil suit they usually give the defendant a chance to settlement, which notifies them that they're being used and gives them the chance to hire legal representation who will advise them whether or not to settle. On top of this, if the defendant decides not to settle, the plaintiff then sends a writ to the court to notify them that they are bringing a civil case, this document also gets sent to the defendant
What consequences can occur when a defendant fails to appear for their court date, leading to a fact violation?
When a defendant fails to appear for their court date, it can result in a warrant being issued for their arrest, additional charges being filed, and potential penalties such as fines or jail time. This can also negatively impact their case and legal standing.
