CLPS Legal Terminology & Court Procedures 2

Question 1

What does the term 'in personam' jurisdiction mean in the context of service of process?

Accepted Answer

Jurisdiction over a specific person based on their connection to the forum

Answer

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:

Accepted Answer

Compels a lower court or official to perform a duty required by law

Answer

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:

Accepted Answer

Notice of a pending lawsuit affecting real property

Answer

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?

Accepted Answer

To document failed attempts to serve a defendant

Answer

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:

Accepted Answer

Re-litigating a claim that has already been finally decided by a competent court

Answer

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.

(CLPS) Certified Legal Process Server Practice Test

(CLPS) Certified Legal Process Server Practice Test

CLPS Legal Terminology & Court Procedures 2