civil procedure

supplemental jurisdiction

Supplemental jurisdiction allows the federal court to hear additional claims that it would not independently have subject matter jurisdiction (either diversity jurisdiction or federal question jurisdiction) over. These claims must be closely...

swindle

To swindle means to dispossess someone of money or property through fraud or deceit.

[Last updated in March of 2022 by the Wex Definitions Team]

temporary receivership

Temporary receivership is a remedy in which the court appoints a person to temporarily manage a piece of property that is in the defendant's possession. This remedy is available only when the plaintiff is asserting an equity claim in which...

temporary restraining order

A temporary restraining order (TRO) is a short-term pre-trial temporary injunction. To obtain a TRO, a party must convince the judge that they will suffer immediate irreparable injury unless the order is issued. If the judge is convinced...

temporary restraining order (TRO)

Temporary restraining orders (TROs) are a type of short-term injunction issued to prevent a party from taking a certain action until the court is able to issue a more enduring order, such as a preliminary injunction. TROs are a type of...

territorial jurisdiction

Territorial jurisdiction is a court’s authority to preside over legal proceedings in a geographical area. Territorial jurisdiction is the scope of a federal and state court’s power and is determined by the governing laws and regulations of...

test case

Test cases refer to legal actions brought with the intention of challenging or receiving clarification on a present law. The strategy usually involves creating a “controversy” to get into a court that otherwise would not lead to a legal...

testimony

Testimony is oral or written evidence given by the witness under oath, affidavit, or deposition during a trial or other legal procedures. According to Rule 43 of the Federal Rules of Civil Procedure, testimony taking should be conducted in an...

third-degree instruction

Third degree Instruction is an instruction given by a court to a deadlocked jury to encourage it to continue deliberating until it reaches a verdict. Also called Allen charge, dynamite charge, nitroglycerine charge, and shotgun charge....

third-party beneficiary

A third-party beneficiary is a person who is not a contracting party of a contract but can still receive the benefits from the performance of the contract. The privity of the contract is between the contracting parties - the promisor and...

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