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In the U.S. legal system, service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding in a court, body, or other tribunal.
Summary jurisdiction, in the widest sense of the phrase, in English law includes the power asserted by courts of record to deal brevi manu (directly) with contempts of court without the intervention of a jury. Probably the power was originally exercisable only when the fact was notorious, i.e. done in presence of the court.
The usual intent behind granting power through a constitutional provision is to maintain decisional uniformity. [1] The power is coined as “discretionary” because a court may choose whether to accept or deny the petitioner's appeal. [2] Moreover, discretionary jurisdiction is reactive rather than proactive. In other words, appellate courts ...
Again, you cannot obtain a power of attorney if the principal is not legally competent. If your family member or loved one is unable to consent, you will need to petition the Circuit Court to ...
As in federal court, the plaintiff may seek a waiver of service by mailing the defendant two copies a request to waive service of process along with a form provided by the court, and a prepaid envelope for return delivery. A Virginia defendant may return the waiver within 30 days, and will then be given 60 days from the date that the request ...
Legal proceeding is an activity that seeks to invoke the power of a tribunal in order to enforce a law. Although the term may be defined more broadly or more narrowly as circumstances require, it has been noted that "[t]he term legal proceedings includes proceedings brought by or at the instigation of a public authority, and an appeal against the decision of a court or tribunal". [1]
In law, in rem jurisdiction (Law Latin for "power about or against 'the thing'" [1]) is a legal term referring to the power a court may exercise over property (either real or personal) or a "status" against a person over whom the court does not have in personam jurisdiction.
The form nostra sponte ("of our own accord") is sometimes used by the court itself, when the action is taken by a multi-member court, such as an appellate court, rather than by a single judge. (Third parties describing such actions would still refer to them as being taken by the court as a whole and therefore as sua sponte.) While usually ...