CLPS Legal Terminology & Court Procedures 2 — Questions and Answers
Question 1: What does the term 'in personam' jurisdiction mean in the context of service of process?
- Jurisdiction over the subject matter of the lawsuit
- Jurisdiction over a specific person based on their connection to the forum (Correct answer)
- Jurisdiction granted by federal statute only
- Jurisdiction limited to criminal matters
Correct answer: Jurisdiction over a specific person based on their connection to the forum
In personam jurisdiction refers to a court's authority over a specific individual, typically established through proper service of process within the jurisdiction.
Question 2: A 'writ of mandamus' is a court order that:
- Compels a lower court or official to perform a duty required by law (Correct answer)
- Orders the arrest of a defendant
- Directs a sheriff to serve process on an out-of-state party
- Requires a witness to appear and testify
Correct answer: Compels a lower court or official to perform a duty required by law
A writ of mandamus is issued by a higher court commanding a lower court, government official, or other public body to perform a specific ministerial act required by law.
Question 3: The term 'lis pendens' refers to:
- A final court judgment
- Notice of a pending lawsuit affecting real property (Correct answer)
- Service of process on a foreign corporation
- A court order to freeze assets
Correct answer: Notice of a pending lawsuit affecting real property
Lis pendens (Latin for 'pending lawsuit') is a recorded notice that a legal action exists affecting title to a specific piece of real property.
Question 4: What is an 'affidavit of non-service' used for?
- To confirm successful delivery of legal documents
- To document failed attempts to serve a defendant (Correct answer)
- To waive the requirement of formal service
- To extend the statute of limitations
Correct answer: To document failed attempts to serve a defendant
An affidavit of non-service is a sworn statement by a process server documenting that service was attempted but unsuccessful, including dates, times, and circumstances.
Question 5: In legal terminology, 'res judicata' prevents a party from:
- Appealing a case to a higher court
- Re-litigating a claim that has already been finally decided by a competent court (Correct answer)
- Filing a counterclaim against the plaintiff
- Requesting a change of venue
Correct answer: Re-litigating a claim that has already been finally decided by a competent court
Res judicata (Latin for 'a matter already judged') is the doctrine barring parties from re-litigating issues that have been definitively settled by a final court judgment.
Question 6: What does 'pro se' mean when referring to a party in a lawsuit?
- Represented by a public defender
- Appearing on behalf of a corporation
- Representing oneself without an attorney (Correct answer)
- Acting as a third-party intervenor
Correct answer: Representing oneself without an attorney
Pro se is a Latin term meaning 'for oneself,' referring to a litigant who represents themselves in court without retaining legal counsel.
Question 7: A 'default judgment' is entered when:
- Both parties agree to settle out of court
- The defendant fails to respond to the complaint within the required time (Correct answer)
- The plaintiff voluntarily dismisses the case
- The court lacks jurisdiction over the defendant
Correct answer: The defendant fails to respond to the complaint within the required time
A default judgment is entered against a defendant who fails to answer or otherwise respond to a properly served complaint within the time prescribed by court rules.
CLPS Legal Terminology & Court Procedures 2
What does the term 'in personam' jurisdiction mean in the context of service of process?