Chapter 1
A court proceeding in which parties to a lawsuitpresent their evidence to a judge or jury and thejudge or jury makes a decision in favor of oneparty
What is a Trial
In a civil court action, the final decision from thetrial court
Electronic file storage where files are stored onthe Internet rather than on the office computer
Another term for a trial court.
What are lower courts
A court where the parties to a lawsuit file their pleadings and present evidence to a judge or jury.
What are trial courts
Authority to hear only certain kinds of cases.
What is limited jurisdiction
The process of resolving private disputesthrough the court system
What is Civil Litigation?
The rules that apply in a civil case anddetermine how a civil case proceeds through thelegal system; in federal courts many of the rulesare found in the Federal Rules of CivilProcedure and the Federal Rules of AppellateProcedure.
What is civil procedure
The neutral third party who presides over thearbitration process and makes a decision
What is an arbitrator
The power that a court has to hear a particularcase; requires that a court has the power to hearthe type of case (subject matter) and that a courthas power to render a decision against aparticular defendant (personal) or over property(in rem).
What is jurisdiction
Another term for a court with appellatejurisdiction.
What are higher courts
An appearance in court (either in person or byfiling documents) for a limited purpose, oftencontesting jurisdiction.
What is special appearance
Laws that determine parties’ rights andobligations as opposed to the procedures usedto enforce those rights
What are substantive laws
The procedure that the parties to a lawsuit follow in order to uncover the facts that are involved in the suit. The system involves an exchange of information among the parties using certain established discovery techniques including depositions, interrogatories, requests for real evidence, requests for physical and mental examinations, and requests for admissions.
What is discovery
Books containing sample forms for legalprofessionals to follow in preparing pleadingsand other documents.
What is a form book
The power of a court to conduct a trial in a case;confers a court the right to be the first court tohear the matter.
What is original jurisdiction
An appellate court’s upholding of the lowercourt’s decision.
What is affirm
A state law that defines the right of state courtsto exercise jurisdiction over nonresidentdefendants
What are long arm statutes
The rules that apply in a criminal case anddetermine how a criminal case proceedsthrough the legal system; these are based onfederal and state constitutions, codes, rules ofcourt, and cases.
What is criminal procedure
Failure to file an answer or other responsivepleading within the proper time; can eventuallylead to a default judgment
What is a default
The neutral third person who facilitates themediation process.
What is a mediator
A mistake in the way the court interprets orapplies the law.
What is a legal error
The act of an appellate court setting aside thedecision of a lower court.
What is reverse
A federal court’s right to decide a claim basedon a nonfederal issue if this claim depends onthe same set of facts as does a federal claim inthe case before the court.
What is supplemental jurisdiction
Laws that set forth legal procedures or methodsused by parties to enforce their rights or tooppose claims made against them
What are procedural laws
Usually the first document filed in court inconnection with a lawsuit; this sets forth theallegations or contentions of the plaintiff andstates the basis for the action and the type ofrelief requested from the court.
What is a Complaint
Rules that are adopted by individual courts andapply only in those courts.
What are local rules of court
A written analysis of the facts and law related toa case, written by the attorneys handling thecase, and filed in a trial or appellate court. Briefsare also filed in the Supreme Court.
What are briefs
Power or authority to hear a case that belongsto one court system only (i.e., federal or onestate court system).
What is exclusive jurisdiction
The power or authority of a court to hear casesthat are not within the exclusive jurisdiction of adifferent court.
What is general jurisdiction
Laws that prohibit conduct that society deemsharmful and provide for punishment in the formof jail, fines, or probation.
What are criminal laws
Discussion between opposing parties in anattempt to settle a case; usually involvingcompromise by both sides.
What are negotiations
Print or electronic publications that contain the actual law (i.e., case reporters, codes, and constitutions).
What are primary sources
A court of review; this court reviews decisionsfrom a trial court.
What are the court of appeals
The power or authority of the court to make aruling affecting the parties before the court
What is personal jurisdiction
Seizing property pursuant to a court order and giving the court the right to make orders regarding disposition of the property
What is an attachment
An initial document filed with the court asking the court for some order. Sometimes petitions are filed in conjunction with a complaint (e.g., asking the court to appoint a guardian for a party who cannot file a lawsuit); sometimes petitions are filed in lieu of a complaint (e.g., in certain jurisdictions petitions and not complaints are used in divorce cases).
What is a Petition
Ways to resolve a civil dispute without resort toa legal action.
What are alternative dispute resolutions
A court order authorizing the seizure and sale ofa person’s property to satisfy a judgment againstthat party.
What is a writ of execution
The power of a court to review the decision of alower court or administrative agency
What is appellate jurisdiction
A term used in connection with appellate proceedings indicating that the reviewing court wants the lower court to send the higher court its record, so that the proceedings can be reviewed. When parties ask the U.S. Supreme Court to hear a case, they often file a petition for writ of certiorari, which, if granted, means that the Supreme Court will review the record in the case.
What is Certiorari
Generally, the transfer of a case from a statecourt to a federal court where concurrentjurisdiction exists and the case was initially filedin a state court.
What is removal or removed
The party who initiates a civil or criminal lawsuitin court
What is the Plaintiff
The initial pleading filed by the defendant in a lawsuit, contesting the factual and/or legal basis for the lawsuit
What is an Answer
An agreement that resolves a dispute withoutthe necessity of a court action
What is settlement
A name given to the highest court in the federalcourt system and to many, but not all, of thehighest court in state court systems
What is the Supreme Court
The authority that a court has to hear aparticular type of case.
What is subject matter jurisdiction
A request that the court declare that service ofthe complaint and summons is invalid eitherbecause the court lacks jurisdiction over thedefendant or because of some proceduralproblem with the service itself
What is Motion to Quash Service of Summons
Laws dealing with private disputes betweenparties.
What are civil laws
A request that a judge make a ruling or takesome other action, most often in connection witha pending lawsuit
What is a motion
Print or electronic publications about the law,such as articles, treatises, and encyclopedias;these are not binding on a court.
What are secondary sources
Power or authority of more than one court system to hear a case
What is concurrent jurisdiction
The act of an appellate court sending a caseback to the lower court after reversing adecision, often with specific instructions as tohow the lower court must deal with the case
What is remand
A basis for federal court subject matterjurisdiction under 28 U.S.C. § 1332 existingwhen no plaintiff and no defendant are citizensof the same state and the amount in controversyexceeds $75,000, or when one party is a citizenof a state and the other is a citizen of a foreignstate
What is diversity of citizenship
The party who is sued in either a civil or criminalcase.
Who is the defendant
A nonbinding process in which a neutral thirdparty helps disputing parties reach a settlement.
What is Mediation
An out-of-court process in which disputingparties present their case to a neutral thirdperson who listens to evidence from eachdisputing party and makes a decision; thedecision is sometimes binding and sometimesnot binding.
What is Arbitration
Among all the courts that have jurisdiction,venue defines the specific geographical locationof the court or courts where an action should bebrought. In the federal system, this determineswhich is the proper district. In state courtsystems, this often determines the propercounty or counties.
What is Venue
The authority of a court to hear a case based onthe fact that property, which is the subject of alawsuit, is located within the state in which thecourt is situated.
What is "in rem jurisdiction"
Authority of a court to hear a case based on thefact that the defendant owns property that islocated within the state, even though thatproperty is not the subject of the lawsuit
what is quasi in rem jurisdiction