Legal actions arising out of injuries to persons and property as distinguished from crimes are called civil actions. Civil actions arise out of breach of contract, or out of torts. If a person fails to pay a promissory note, or to perform any contract, a legal action arises out of contract. If a person slanders another, or wrongfully strikes him, a legal action arises out of tort. Legal actions are enforced by the injured or complaining party filing a complaint in court. The party against whom the complaint is filed is notified of the suit by an officer of the court. This notice is called the summons. The written complaint is usually called the petition. The complaining party is usually called the plaintiff. The party against whom the petition or complaint is filed is called the defendant. The defendant is allowed a certain time in which to file a statement of his defense. This written statement of the defendant in which he sets forth his side of the case is called an answer. These written statements are called the pleadings in the case. The parties then appear in court with their witnesses and the case is heard. The judge determines questions of law, and the jury determines questions of fact. The decision of the jury is called the verdict. The twelve jurymen must agree to enable them to render a verdict. If they disagree, a new trial with another jury is held. The judge may set aside a verdict, and grant a new trial if the verdict is irregular, or contrary to law. When a judgment has been rendered, execution may be levied upon the property of the defeated party for the amount of the judgment and costs. Execution is levied by the sheriff, who seizes and sells the property of the defeated party, sufficient to satisfy the judgment.
QUIZ QUESTIONS
MORTGAGES
1. What was the nature of a mortgage at common law?
2. At common law who had the possession of real property mortgaged?
3. Is a mortgage a contract?
4. What names are applied to the parties to a mortgage?
5. At present who is entitled to possession of mortgaged real estate?