what does it mean when a lawyer petitions for something

by Russell Schuster 6 min read

The term petition also refers to legal papers filed in a court of law. Petitioning the court is when legal papers are filed by an attorney for a judge to look at and make a legal ruling on. These papers simply state a case and ask that the presiding judge make a legal determination.

A formal application in writing made to a court or other official body requesting judicial action of some character.

Full Answer

What does petition mean in law?

In law, it is regarded as a notice or a precaution exercised especially in probate cases. It is introduced with an object that under court proceedings certain matters shall not be heard, action may not be taken, judgment or order may not be passed or issued without the hearing the person who has filed the notice of caveat.

What is the Bible definition of petition?

Petition is making a meek and humble, earnest plea for a specific need for something significant requested of GOD. It would be something that you cannot get or accomplish without GOD’S help and you ask HIM to make it happen for you or for others. PRAYER AND PETITION / SUPPLICATION CAN BE MADE SIMULTANEOUSLY. SHALOM!

What does petition the court mean?

To "petition the court" means to ask the court to hear a case. Generally, anyone who wants to have the court hear or rule on a matter must first petition the court to do so. Usually this is done by filing certain forms and paperwork, and is a fairly simple process (though it may be confusing to someone who hasn’t done it before).

What is the legal definition of petition?

Petitions, along with complaints, are considered pleadings at the onset of a lawsuit. A petition is a formal request seeking a specific court order, made by a person, group, or organization to the court, typically at the start of a lawsuit.

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What does it mean when an attorney files a petition?

A petition is a formal request seeking a court order and stating the reasons why it is needed. It may be filed by a person, group, or organization, and is typically the first step in a lawsuit. A petition also may be used to appeal a court's decision.

What is the purpose of a petition?

A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer called supplication. In the colloquial sense, a petition is a document addressed to some official and signed by numerous individuals.

What happens in a petition?

Petitioning the court is the act of asking the court to hear a case. Any case that is heard before a court, no matter whether it is a divorce case or a child custody one, must first go through a petition.

What does it mean to file a petition?

1a : a formal written request made to an authority or organized body (such as a court) filing a petition for divorce Her defense lawyer had petitioned the court to videotape Scott's testimony about Hearst before he died, but the petition was denied.— Robert Lipsyte.

What is the difference between appeal and petition?

In an appeal, you are asking for redress or reconsideration of a decision by a court of jurisdiction. A petition is request for a court to make a separate, i.e. original judgement regarding an issue. A petition would be more an administrative request.

What are examples of petition?

Typical examples include nominating petitions filed by political candidates to get on a ballot, petitions to recall elected officials, and petitions for ballot initiatives.

What does petition Granted mean?

1. Something requested or entreated. Granted our petition. noun.

How do petitions give power to people?

The right to petition grants people not only the freedom to stand up and speak out against injustices they feel are occurring, but also grants the power to help change those injustices.

What is the difference between petition and case?

Upon the filing of a petition, the defendant is entitled to receive a copy of the petition and is issued a notice for appearing in the court. In such a case, the subject matter of the petition is taken up for the trial, and the judge passes the verdict or order.

Can a petition change a sentence?

What is a motion to modify a sentence? A petition to modify a sentence is filed by a person who has been both convicted of a crime and sentenced for that crime. In the motion, the prisoner asks the court to modify his sentence.

What do you say in a petition?

Writing a good petitionState clearly what change you want to make. Make this realistic and concrete. ... Direct the demand to the right people. ... Include accurate information and evidence. ... Make sure it is a clear record of people's opinion. ... Write clearly. ... Get your timing right. ... Get your petition to the right place.

How A Petition Works

  • When a petition is filed, the plaintiff and defendant are given the opportunity to settle the case privately or use an alternative dispute resolution(ADR) process rather than going to trial. The court may also provide a summary judgment. If the case goes to trial, the judge will ultimately issue a verdict. Either party to the suit may choose to …
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Petitions vs. Complaints

  • While the terms are sometimes used interchangeably, petitions and complaints are not the same. A petition is filed by a petitioner, while a complaint is filed by a plaintiff. The party that the lawsuit is filed against is called the respondent when a petition is filed but is termed the defendant in the case of a complaint. Plaintiffs file a complaint when they are seeking damages from the defendant, or when they want the courts to compel the defe…
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Petitions in The Appeals Process

  • Petitions for court orders may include requests to dismiss a case, reduce a defendant's bail, or provide a continuance. Another notable use of the petition is the request for an appeal. An appeal is a form of a court order in which one party in a lawsuit asks the courts to review a previous verdict. The rules for appeal may vary between state and federal courts but they generally begin with the filing of a petition to appeal. A petition to appeal outlin…
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Example of A Petition

  • In 2020, the United States Supreme Court heard the case of Seila Law LLC v. Consumer Financial Protection Bureau. The case had begun in 2017. The consumer agency had issued a civil investigative demand to Seila Law, a California-based firm that specializes in debt-related legal services. The law firm challenged the consumer agency's power to conduct investigations on the grounds that its director was unconstitutionally insulated from …
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The Bottom Line

  • In the United States, a civil court case begins with a petition or a complaint filed by a petitioner or a plaintiff. Both actions are pleadings, intended to initiate action by the court. In some cases, that action is taken by the court. In others, the opposing sides in the case are able to reach an agreement without further action by the court. More often, the petition or complaint is the first in a series of hearings, which may be resolved only to be appealed to …
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