English for the Legal Profession
newspaper. Most cases, however, require the actual service of a summons to the defendant in order to give him notice of the suit.
Very often, more than one court in a state have jurisdiction over a case. To select among them the question of venue(审判地) must be considered. Venue relates to, and defines, the particular territorial area within the state in which a legal action is to take place. Matters of venue are usually determined by statutes. For example, venue statutes in most states provide that actions concerning interests in land must be commenced and tried in the county or district in which the land is located. Suits for divorce must be commenced and tried in the county in which one of the parties resides.
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English for the Legal Profession
Chapter 11 Pleadings and Motions Attacking Pleadings
Civil litigation begins with the pleadings. A pleading is a legal document filed with the court that sets forth the position and contentions of a party(诉状是向法院存档、陈述当事人立场和论点的法律文件。). The purpose of pleadings in civil actions is to define the issues of the lawsuit. This is accomplished by each party making allegations(主张) of fact and the other party either admitting the allegations or denying them.
The first of the pleadings is usually called a complaint(起诉状). A complaint is a written statement which sets forth the plaintiff’s allegations against the defendant. After the plaintiff files with the clerk of the court his complaint, the clerk issues a summons that, together with a copy of the complaint, is served on the defendant(原告将诉状在法院书记员处立案后，该书记员即发出传票。传票和诉状的副本一起送达被告。). The summons notifies the defendant of the date by which he is required to file his response.
If the defend