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LSDefine

Simple English definitions for legal terms

judgment by default

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A quick definition of judgment by default:

When someone is sued in court and they don't show up or respond to the complaint, the judge can make a decision without hearing their side of the story. This is called a judgment by default. It means that the person who didn't show up automatically loses the case and has to pay whatever the other person asked for. In some cases, the person who didn't show up can ask the judge to change their mind, but they have to have a good reason. Different places have different rules for how this works.

A more thorough explanation:

Judgment by default, also known as default judgment, is a legal decision made when a defendant fails to appear in court or respond to a complaint. This means that the plaintiff automatically wins the case without having to present any evidence.

For example, if someone sues their neighbor for damaging their property and the neighbor fails to show up in court or respond to the complaint, the plaintiff may be granted a default judgment in their favor.

Default judgments are binding and cannot be appealed by the defendant. In civil cases, the judgment will typically grant the relief sought by the plaintiff, such as monetary damages.

The rules governing default judgment can vary depending on the jurisdiction. In the United States, federal courts use the Federal Rules of Civil Procedure 55 and 60 to guide default judgment procedures.

Under Rule 55, a default judgment can be entered if the plaintiff provides an affidavit showing that the defendant has been served and has failed to respond to the complaint. In some cases, a hearing may be required before a default judgment can be entered.

If a default judgment has been entered, the defendant may have the right to file a motion to set it aside under Rule 60(b). However, they must provide valid grounds for their failure to respond to the complaint.

Overall, judgment by default is a legal tool that allows plaintiffs to win cases when the defendant fails to participate in the legal process.

judgment as a matter of law | judgment creditor

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join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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