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Simple English definitions for legal terms
appearance de bene esse
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A quick definition of appearance de bene esse:
Appearance is when someone goes to court as a party or lawyer in a lawsuit. It can be a defendant's act of participating in the lawsuit or taking post-judgment steps in the trial or appellate court. Appearance can be made by a formal written or oral declaration or record entry, or it can be implied from some act done with the intention of appearing and submitting to the court's jurisdiction. There are different types of appearances, such as general appearance, limited appearance, and special appearance, which is when a defendant shows up in court for the sole purpose of contesting the court's assertion of personal jurisdiction over them.A more thorough explanation:
Definition: Appearance refers to a person's act of participating in a lawsuit, either as a party or as a lawyer representing a party. It can be a formal declaration or an implied act that shows submission to the court's jurisdiction.
Examples:
- A defendant filing an answer, demurrer, or motion in response to a lawsuit is making an appearance.
- A lawyer representing a party in court is also making an appearance.
- Any act that shows submission to the court's authority, such as giving bail upon arrest, is considered an appearance.
These examples illustrate how appearance is a crucial step in a lawsuit, as it shows that the defendant or their representative is willing to participate in the legal process and submit to the court's authority.
Related Terms:
- Special Appearance: A defendant's pleading that either claims that the court lacks personal jurisdiction over the defendant or objects to improper service of process.
- General Appearance: A general-purpose appearance that waives a party's ability later to dispute the court's authority to enter a binding judgment against him or her.
- Initial Appearance: A criminal defendant's first appearance in court to hear the charges read, to be advised of his or her rights, and to have bail determined.