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MindMap Gallery Black's Law Dictionary

Black's Law Dictionary

For more than a century, Black's Law Dictionary has been the gold standard for the language of law. Today, it's the most widely cited law book in the world.

Edited at 2020-09-29 07:48:29

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Black's Law Dictionary

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PROCEEDINGproceeding. Black's Law Dictionary (8th ed. 2004) , Page 3808

1. The regular and orderly progression of a lawsuit, including all acts and events between the time of commencement and the entry of judgment.

645.22 UNIFORM LAWS.Laws uniform with those of other states shall be interpreted and construed to effect theirgeneral purpose to make uniform the laws of those states which enact them.

2. Any procedural means for seeking redress from a tribunal or agency.

REDRESS OF GRIEVANCES; AGGRIEVED PARTY

3. An act or step that is part of a larger action.

4. The business conducted by a court or other official body; a hearing.

5.Bankruptcy. A particular dispute or matter arising within a pending case — as opposed to the case as a whole. [Cases: Bankruptcy 2156. C.J.S. Bankruptcy § 26.]

“ ‘Proceeding’ is a word much used to express the business done in courts. A proceeding in court is an act done by the authority or direction of the court, express or implied. It is more comprehensive than the word ‘action,’ but it may include in its general sense all the steps taken or measures adopted in the prosecution or defense of an action, including the pleadings and judgment.

As applied to actions, the term ‘proceeding’ may include — Edwin E. Bryant, The Law of Pleading Under the Codes of Civil Procedure 3–4 (2d ed. 1899).

(1) the institution of the action;

(2) the appearance of the defendant;

(3) all ancillary or provisional steps, such as arrest, attachment of property, garnishment, injunction, writ of ne exeat;

(4) the pleadings;

(5) the taking of testimony before trial;

(6) all motions made in the action;

(7) the trial;

(8) the judgment;

JUDGMENTjudgment. 1. A court's final determination of the rights and obligations of the parties in a case. • The term judgment includes an equitable decree and any order from which an appeal lies. Fed. R. Civ. P. 54. — Abbr. J. — Also spelled (esp. in BrE) judgement. — Also termed (historically)judgment ex cathedra. Cf. RULING(1); OPINION(1). [Cases: Federal Civil Procedure 2391–2628; Judgment 1. C.J.S. Judgments §§ 2–3, 6, 8, 13.] 2.English law. An opinion delivered by a member of the appellate committee of the House of Lords; a Law Lord's judicial opinion. —Also termed (in sense 2) speech. “An action is instituted for the enforcement of a right or the redress of an injury. Hence a judgment, as the culmination of the action declares the existence of the right, recognizes the commission of the injury, or negatives the allegation of one or the other. But as no right can exist without a correlative duty, nor any invasion of it without a corresponding obligation to make amends, the judgment necessarily affirms, or else denies, that such a duty or such a liability rests upon the person against whom the aid of the law is invoked.” 1 Henry Campbell Black, A Treatise on the Law of Judgments§ 1, at 2 (2d ed. 1902). Black's Law Dictionary (8th ed. 2004) , Page 2464

(9) the execution;

MN RCP Rule 69. Execution Process to enforce a judgment for the payment of money shall be a writ of execution, unless the court directs otherwise. The procedure on execution, in proceedings supplementary to and in aid of a judgment, and in proceedings on and in aid of execution shall be in accordance with Minnesota Statutes, chapter 550. In aid of the judgment or execution, the judgment creditor, or successor in interest when that interest appears of record, may obtain discovery from any person, including the judgment debtor, in the manner provided by these rules.

The procedure on execution, in proceedings supplementary to and in aid of a judgment, and in proceedings on and in aid of execution shall be in accordance with Minnesota Statutes, chapter 550.

(10) proceedings supplementary to execution, in code practice;

(11) the taking of the appeal or writ of error;

(12) the remittitur, or sending back of the record to the lower court from the appellate or reviewing court;

(13) the enforcement of the judgment, or a new trial, as may be directed by the court of last resort.”

IT MEANS EVERYTHING; IT MEANS NOTHING

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ADVERSARIAL PROCEEDINGS:

PROSECUTION

WHAT ARE THE CLAIMS?

FACTUAL ELEMENTS OF CLAIMS

PROCESS; JURISDICTIONJUDICIAL OFFICE; TRIBUNAL

ACT DONE BY AUTHORITY OR DIRECTION OF THE COURT

EXPRESS

IMPLIED

CAPACITY OF JUDICIAL "OFFICER"JUDGE IS NOT THE COURT; RECORD IS THE COURT; MOVE THE COURTMAKE THE RECORD; USE THE PROCESS

ADMINISTRATIVE CAPACITY

JUDICIAL CAPACITY

DEFENSE

WHAT ARE THE DEFENSES?

AFFIRMATIVE DEFENSES TO CLAIMS

WHAT ARE THE COUNTER-CLAIMS?

FACTUAL ELEMENTS OF CLAIMS

550.01 Enforcement of Judgment The party in whose favor a judgment is given, or the assignee of such judgment, may proceed to enforce the same, at any time within ten years after the entry thereof, in the manner provided by law.

PARTY WHOSE FAVOR A JUDGMENT IS GIVEN

ASSIGNEE OF SUCH JUDGMENT

TEN YEAR STATUTE OF LIMITATIONS

PROCEED TO ENFORCE

IN THEMANNER PROVIDED BY LAW

IN THE MANNER PROVIDED BY LAWMEANS IN ACCORDANCE WITH THE RULES OF CIVIL PROCEDURE

550.02 Judgments; Methods of Enforcement Where a judgment requires the payment of money, or the delivery of real or personalproperty, it may be enforced in those respects by execution. Where it requires the performance of any other act, a certified copy of the judgment may be served upon the party against whom it is given, or the person or officer who is required thereby or by law to obey the same . A person so served who refuses may be punished by the court as for contempt, and the individual's obedience thereto enforced.

PAYMENT OF MONEY DELIVERY OF PROPERTY

EXECUTION

550.03 Kinds of Execution There shall be two kinds of executions, one against the property of the judgment debtor,and the other for the delivery of real or personal property, or such delivery with damages for detaining, or for taking and withholding, the same.

EXECUTION AGAINST PROPERTY

EXECUTION FOR DELIVERY OF PROPERTY

PERFORMANCE

CIVIL CONTEMPT PROCESS

ALA CARTE:

ANCILLARY524 ANCILLARY ADMINISTRATION

VII. PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS

RULE 64. SEIZING A PERSON OR PROPERTY.pdf

Rule 65. Injunctions

66 RECEIVER

67; DEPOSIT INTO COURT

68; OFFER OF JUDGMENT

69; EXECUTION

70; ENFORCING A JUDGMENT

71; ENFORCING RELIEF FOR OR AGAINST A NONPARTY

72-76

RESERVED

ARREST

570 ATTACHMENT OF PROPERTY

571 GARNISHMENT

INJUNCTIVE RELIEF

Rule 65. Injunctions

WRITS

RULE CIVIL PROCEDURE 81.03 Rules Incorporated into StatutesWhere any statute heretofore or hereafter enacted, whether or not listed in Appendix A, provides that any act in a civil proceeding shall be done in the manner provided by law, such act shall be done in accordance with these rules.

Minn. Stat. sec. 645.19 CONSTRUCTION OF PROVISOS AND EXCEPTIONS.Provisos shall be construed to limit rather than to extend the operation of the clauses to which they refer. Exceptions expressed in a law shall be construed to exclude all others.

Minn. Stat. sec. 645.20 CONSTRUCTION OF SEVERABLE PROVISIONS.Unless there is a provision in the law that the provisions shall not be severable, the provisions of all laws shall be severable. If any provision of a law is found to be unconstitutionaland void, the remaining provisions of the law shall remain valid, unless the court finds the valid provisions of the law are so essentially and inseparably connected with, and so dependent upon, the void provisions that the court cannot presume the legislature would have enacted the remaining valid provisions without the void one; or unless the court finds the remaining valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent.