Intro to Law Chapter 3
Terms in this set (44)
The process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch
Court has the authority to hear a case involving specific persons, property, or subject matter.
Long Arm Statute
A state statute that permits a state to obtain personal jurisdiction over nonresident defendants. A defendant must have certain "minimum contacts" with that state for the statute to apply.
A state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person's estate.
A federal court of limited jurisdiction that handles only bankruptcy proceedings, which are governed by federal bankruptcy law.
A question that has to do with the U.S. Constitution, acts of Congress, or treaties.It provides a basis for federal jurisdiction.
Diversity of Citizenship
A basis for federal court jurisdiction over a lawsuit between (1) citizens of different states (2) a foreign country and citizens of a state of of different states, or (3) citizens of a state and citizens or subjects of a foreign country. The amount in controversy must be more than $75,000 before a federal court can take jurisdiction in such cases,
Jurisdiction that exists when two different courts have the power to hear a case. Federal and State
Jurisdiction that exists when only one court has the power to hear a case. Federal only or State only
The geographic district in which a legal action is tried and from which the jury is selected
Standing to Sue
The requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit. The plaintiff must show that he or she has an injury.
A controversy that is not hypothetical or academic but real and substantial; a requirement that must be satisfied before a court will hear a case.
Small Claims Court
Inferior trial courts that hear only civil cases involving claims of less than a certain amount.
Question of Fact
In a lawsuit, an issue that involves only disputed facts, and not what the law is on a given point. Questions of fact are decided by the jury in a jury trial (by the judge if there is no jury).
Question of Law
In a lawsuit, an issue involving the application or interpretation of a law. Only a judge, not a jury, can rule on questions of law.
Writ of Certiorari
A writ from a higher court asking a lower court for the record of a case
Rule of Four
At least four Justices of the Supreme Court must vote to consider a case before it can be heard
The process of resolving a dispute through the court system
Statements made by the plaintiff and the defendant in a lawsuit that detail the facts, charges, and defenses involved in the litigation. The complaint and answer are part of the pleadings.
The pleading made by a plaintiff alleging wrongdoing on the part of the defendant; the document that when filed with a court, initiates a lawsuit
a notice directing someone to appear in court on a certain day to answer a complaint or a charge
A judgment entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff's claim.
A defendant's response to the plaintiff's complaint
A claim made by a defendant in a civil lawsuit against the plaintiff. In effect, the defendant is suing the plaintiff
A plaintiffs response to a defendant's answer
Motion to Dismiss
A pleading in which a defendant asserts that the plaintiff's claim fails to state a cause of action (that is, has no basis in law) or that there are other grounds on which a suit should be dismissed.
Motion for Judgment on the Pleadings
A motion requesting the court to enter a judgment without proceeding to trial. The motion can be based on evidence outside the pleadings and will be granted only if no facts are in dispute.
A phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial
The testimony of a party to a lawsuit or a witness taken under oath before a trial
Written questions for which answers are prepared and signed under oath.
Evidence that consists of computer-generated or electronically recorded information, including e-mail, voice mail, spreadsheets, word-processing documents, and other data.
Old French phrase meaning "to speak the truth". The process in which the attorneys question prospective jurors to learn about their backgrounds, attitudes, biases, and other characteristics that may affect their ability to serve as impartial jurors
Motion for a Directed Verdict
In a jury trial, a motion for the judge to take the decision out of the hands of the jury and to direct a verdict for the party who filed the motion on the ground that the other party has not produced sufficient evidence to support her or his claim.
The compensation to be paid to a plaintiff in a civil lawsuit as damages.
Motion for Judgment n.o.v.
A motion requesting the court to grant judgment in favor of the party making the motion on the ground that the jury's verdict against him or her was unreasonable and erroneous.
Motion for a New Trial
A motion asserting that the trial was so fundamentally flawed (because of error, newly discovered evidence, prejudice, or another reason) that a new trial is necessary to prevent a miscarriage of justice.
A document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial.
The list of cases entered on a court's calendar and thus scheduled to be heard by the court
Alternative Dispute Resolution (ADR)
The resolution of disputes in ways other than those involved in the traditional judicial process. Negotiation, mediation, and arbitration are forms of ADR.
A process in which parties attempt to settle their dispute informally, with or without attorneys to represent them
The use of a third party, called a mediator, who encourages both sides outside of court in a dispute to continue negotiating and often makes suggestions for resolving the dispute
The settling of a dispute by submitting it to a disinterested third party who renders a decision that is legally binding
A clause in a contract that provides that, in the event of of a dispute, the parties will submit the dispute to arbitration rather than litigate the dsipute in court
Online Dispute Resolution (ODR)
The resolution of disputes with the assistance of organizations that offer dispute-resolution services via the internet