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Message: Re: New Pacer-- SGE1

Oct 03, 2007 02:41PM

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Term: Prayer for Relief
Definition: A request contained in the complaint or petition (usually right before the attorney's signature) that asks for the relief that the plaintiff thinks he or she is entitled to. Common wording after the request is the phrase "and such other and futher relief as the to the court may seem just and proper." This enables the court to grant whatever relief it feels is appropriate in addition to what was specifically requested. Also known as a wherefore clause or ad damnum clause.

Term: Motion for Summary Judgment
Definition: A pretrial request by a party that a decision on an issue be made on the basis of the pleadings and discovery without having to go through an entire trial. A party who requests summary judgment attempts to convince the judge that there are no issues of material fact disputed between the parties and so a decision should be rendered by the judge without the necessity of jury consideration.

http://www.legalstudies.com/glossary/menu.asp

The plaintiff's are stating what they want should the case go to trial and they are successful i.e. everything, including the kitchen sink. It is NOT a motion forĀ  Summary Judgment.

Be well

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SGE

Oct 04, 2007 06:35AM
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