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Simple English definitions for legal terms
appearance under protest
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A quick definition of appearance under protest:
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. Appearance can be made by a formal declaration or by an act that shows the intention of submitting to the court's jurisdiction. There are different types of appearances, such as general appearance, initial appearance, and special appearance. A special appearance is when a defendant shows up in court only to contest the court's assertion of personal jurisdiction over them. A voluntary appearance is when someone goes to court without being served with process.A more thorough explanation:
Definition: Appearance under protest is a legal term used in English and Canadian law. It refers to a defendant's act of appearing in court to contest the court's jurisdiction over them. This is usually done by claiming that the court lacks personal jurisdiction over the defendant or by objecting to improper service of process.
Example: If a defendant is sued in a court where they do not live or do business, they may appear under protest to challenge the court's jurisdiction. For instance, if a person is sued in California but they live in New York, they may appear under protest to argue that the California court does not have the authority to hear the case.
This example illustrates how a defendant can use an appearance under protest to challenge the court's jurisdiction over them. By appearing in court and making this argument, the defendant is contesting the court's authority to hear the case and is asking the court to dismiss the lawsuit.