Concepts that apply broadly; check your own jurisdiction.
Not a defined legal term; courts use it to describe tactics that exploit procedure to gain an unfair advantage instead of resolving the dispute on the merits — for example, hiding evidence, filing to delay, or ambushing an opponent. The Federal Rules are to be construed, administered and employed to secure the just, speedy and inexpensive determination of every action (Fed. R. Civ. P. 1), and courts can sanction abusive conduct under rules such as Fed. R. Civ. P. 11, 26(g) and 37.
In commercial law, the failure or refusal to pay or accept a negotiable instrument, such as a check or note, when it is properly presented. The Uniform Commercial Code sets when an instrument is dishonored (UCC § 3-502) and what notice of dishonor must be given (UCC § 3-503). It does not describe a person refusing a letter, bill or court paper; we have not found a court decision holding that ignoring such papers creates a legal “dishonor” with legal consequences.
The deed a trustee issues to the buyer at a nonjudicial foreclosure sale under a deed of trust, transferring the property after the borrower’s default. For example, California’s nonjudicial foreclosure process is governed by Civil Code § 2924 and following sections. The deed usually recites that the notice and sale requirements were met.
A deed in which the grantor guarantees, or warrants, the title to the property. A general warranty deed covers title defects arising at any time, while a special (or limited) warranty deed covers only defects arising while the grantor owned the property. The specific warranties are set by state law and the deed’s wording.
A deed that transfers whatever interest the grantor has in a property, if any, without any promise that the grantor owns it or that the title is free of claims. Quitclaim deeds are often used between family members, to clear up title issues, or to transfer property into or out of a trust or entity.
A deed used in California and some other states in which the grantor, by using the word “grant” to convey the property, makes two promises implied by law unless the deed says otherwise: that the grantor has not already conveyed the property or any interest in it to someone else, and that the property is free from encumbrances made or allowed by the grantor or anyone claiming under the grantor (Cal. Civ. Code § 1113). It gives fewer assurances than a general warranty deed.
A signed written document that transfers ownership of real property (land and buildings) from one person (the grantor) to another (the grantee). A deed usually must describe the property, be signed by the grantor and be delivered to the grantee; recording it in the county land records gives public notice of the transfer. The kind of deed determines what promises, called warranties, the grantor makes about the title.
A formal written order issued by a court commanding a person or official to do, or not to do, something. Examples include writs of execution, garnishment and attachment used to enforce or secure judgments, and the extraordinary writs of mandamus, prohibition, habeas corpus and certiorari. Federal courts may issue all writs necessary or appropriate in aid of their jurisdiction under the All Writs Act (28 U.S.C. § 1651).
A court order that tells a person to do, or more often not to do, something. For example, in a civil case a court may issue a temporary restraining order (TRO), a short-term emergency order under Fed. R. Civ. P. 65(b), and then hold a hearing on a preliminary injunction. In addition, state laws let courts issue protective or restraining orders against domestic violence, stalking and harassment. Also, under federal law, other states, tribes and territories must honor and enforce a protection order that a court with jurisdiction issued after reasonable notice and an opportunity to be heard (18 U.S.C. § 2265).
A court order directing a party or person to appear and explain why the court should not take a stated action, such as holding the person in contempt, imposing sanctions, granting an injunction or dismissing a case. A court may issue one on a party’s request or on its own — for example, under Federal Rule of Civil Procedure 11(c)(3), the court may order an attorney, law firm or party to show cause why specifically described conduct has not violated Rule 11(b). If the person does not show good cause, the court may take the action. Abbreviated OSC.
Looking for a state's court rules instead? See procedures for all 50 states and D.C.