Black's Law Dictionary

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PROCEEDING
proceeding.
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 their
general 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;
JUDGMENT
judgment.
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; JURISDICTION
JUDICIAL 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 COURT
MAKE 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
OR
ASSIGNEE OF
SUCH JUDGMENT
TEN YEAR STATUTE OF LIMITATIONS
PROCEED TO ENFORCE
IN THE
MANNER PROVIDED BY LAW
IN THE MANNER PROVIDED BY LAW
MEANS 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 personal
property, 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.
2
EXECUTION AGAINST PROPERTY
EXECUTION FOR DELIVERY OF PROPERTY
PERFORMANCE
CIVIL CONTEMPT
PROCESS
ALA CARTE:
ANCILLARY
524 ANCILLARY ADMINISTRATION
VII. PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS
64
RULE 64. SEIZING A PERSON OR PROPERTY.pdf
65
Rule 65. Injunctions
66
66 RECEIVER
67
67; DEPOSIT INTO COURT
68
68; OFFER OF JUDGMENT
69
69; EXECUTION
70
70; ENFORCING A JUDGMENT
71
71; ENFORCING RELIEF FOR OR AGAINST A NONPARTY
72-76
RESERVED
ARREST
570 ATTACHMENT OF PROPERTY
571 GARNISHMENT
INJUNCTIVE RELIEF
65
Rule 65. Injunctions
WRITS
RULE CIVIL PROCEDURE 81.03 Rules Incorporated into Statutes
Where 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 unconstitutional
and 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.
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