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Default judgment is a binding judgment in favor of either party based on some failure to take action by the other party ... For example, mere "excusable neglect" is, ...
Failure to appear at a required time in legal proceedings can constitute a default. In the United States, for example, when a party has failed to file meaningful response to pleadings within the time allowed, with the result that only one side of a controversy has been presented to the court, the party who has pleaded a claim for relief and received no response may request entry of default.
A Michigan inmate has been granted $100 million in a default civil suit judgment filed against Sean "Diddy" Combs for an alleged 1997 sexual assault.. Derrick Lee Cardello-Smith, who filed the ...
For example: Declaratory judgment: a declaratory judgment can be made by the court regardless of whether a remedy is being claimed. [58] Default judgment: a default judgment can be sought by the plaintiff where a defendant “has been noted in default” for certain claims. [59]
An entry of default is the first step to obtaining a default judgment against a party, and allows someone to proceed in the action without further notice or input from the opposing party.
Sean “Diddy” Combs has asked a judge to set aside a $100 million default judgment awarded this week to a Michigan inmate who alleges he was sexually assaulted by the music mogul.
Collateral estoppel (CE), known in modern terminology as issue preclusion, is a common law estoppel doctrine that prevents a person from relitigating an issue. One summary is that, "once a court has decided an issue of fact or law necessary to its judgment, that decision ... preclude[s] relitigation of the issue in a suit on a different cause of action involving a party to the first case". [1]
Deficiency judgment example Say a mortgage borrower in default owes $200,000 on a loan for a home valued at $190,000. The foreclosure sale proceeds total $190,000, leaving a deficiency of $10,000.
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