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BLAW chapter 2
Terms in this set (53)
The court's power to hear cases and render decisions that bind the parties before them. A court must have several types of jurisdiction to decide any particular case.
A trial with no jury, in which the judge makes the case.
Question of the Law
An issue concerning the interpretation or application of the law.
Question of Fact
A question about an event or characteristic in a case.
The person or party who initiates a lawsuit before a court by filing a complaint with the clerk of the court against the defendants. Complainant or claimant.
The person or part against whom a civil or criminal lawsuit is filed in a court of law.
A formal written document that begins a civil lawsuit; contains the plaintiff's list of allegations against the defendant, along with the damages that the plaintiff seeks.
A legal document issues by a court and addressed to a defendant that notifies him or her of the lawsuit and now and when to respond to the complaint. May be used in criminal and civil proceedings.
A statute that enables a court to obtain jurisdiction against an out-of-state defendant as long as the defendant has sufficient minimum contacts within the state, such as committing a tort or doing business on the state.
In Rem Jurisdiction
The power of a court over the property or the status of an out-of-state defendant when that property or status is within the court's jurisdiction.
Quasi In Rem Jurisdiction
A type of jurisdiction exercised by a court over an out of state defendant property that is within the jurisdictional boundaries of the court. It applies to person suits against the defendant in which the property is not the source of the conflict but is sought as compensation by the plaintiff. Also called attachment jurisdiction.
The power of a court over the type of case it is presented to be.
1. The place where the hearing takes place. Its geographic location is determined by each state's states and based on where the parties live or where the exempt occurred or where the alleged wrong was committed. 2. A legal doctrine relating to the selection of a court with subject matter and personal jurisdiction that is the most appropriate geographic location for the resolution of the dispute.
The legal right of a part or individual to bring a lawsuit by demonstrating to the court sufficient connection to and harm from the law or action challenge otherwise, the court will dismiss the case, ruling that the plaintiff lacks _______ to bring the suit.
Case or Controversy
A term used in the United States Constitution to describe the structure and requirements of conflicting claims of individuals that can be brought before a federal court for resolution. Requires an actual dispute between parties over their legal rights that remain join conflict at the time the case is presented and that is a proper mater for judicial determination. AKA Justifiable Controversy.
The readiness of the case for decision to be made. The goal is to prevent premature litigation for a dispute that is insufficiently developed, a claim is not _____ for litigation if it rests on contingent future events that may not occur as anticipated of may not even occur at all.
Service of Process
The procedure by which a court delivers a copy of a statement of claim or other legal documents, such as a summons, a complaint or a subpoena to the defendant.
A judgment for the plaintiff that occurs when the defendant fails to respond to the complaint.
The response of the defendant to the plaintiff's complaint.
Motion to Dismiss
A request by the defendant that asks a judge or a court in a civil case to dismiss the case because even if all of the allegations are true, the plaintiff is not entitled to any legal relief. Also called demurrer.
An application by a party to a judge or a court in a civil case requesting an order in favor of the applicant.
A claim made by the defendant against the plaintiff that is filed along with the defendant's answer.
A response by the plaintiff to the defendant's counterclaim.
Motion for Judgment of the Pleadings
In a civil case, a request made by either party, after pleadings have been entered that asked a judge or a court to issue a judgment.
Motion for Summary Judgment
In a civil case, a request by either part that asks a judge or a court to property and expeditiously dispose of a case without a trial. Any evidence or information that would be admissible at trial under the rules of evidence such as affidavits. interrogatories, depositions and admissions, may be considered on a motion for summary judgment. A court may hold oral arguments or decide that motion on the basis of the parties' briefs and supporting documentation alone.
The pretrial phase in a lawsuit during which each party request relevant documented and other evidence from the other side in an arrest to discover pertinent facts and avoid ant surprises in the courtroom during the trial. Tools include requests for admissions, interrogatories, depositions, requests for inspection and document production requests.
A formal set of written questions that one party to a lawsuit asks the opposing party as part of the pretrial discovery process in order to clarify matters of evidence and help determine in advance what facts will be presented at any trial in the case. The questions must be answered in writing under oath or under penalty of perjury within a specified time. Also called requests for further information.
Requests to Produce Documents
In a lawsuit, the right of a part to examine and copy papers of the opposing part that are relevant to the case. A legal request may be made and the categories of the documents must be states to allow the other part too know what document he or she must produce.
A pretrial sworn and recorded testimony of a witness that is acquired out of court with no judge present.
An informal meeting of the judge with the attorneys representing the parties before the actual trial begins.
The process of questioning potential jurors to ensure that the jury will be made up of nonbiased individuals.
In a jury trial, the right of the plaintiff and the defendant in just section to reject, without stating a reason, a certain number of potential jurors who appear to have an unfavorable bias.
A contrived or imitation trial, with a jury recruited by a jury selection firm, that attorneys sometimes use in preparing for an actual trial to test theories, experiment with arguments and try to predict the outcome of the real trial.
An unofficial jury, provided by a jury selection firm, that sits in during the actuals trial and deliberates at the end of each day to evaluate for the attorneys how each side is doing.
A ruling by the judge, after the plaintiff has put forward his or her case but before any evidence is put forward by the defendant, in favor of the defendant because the plaintiff has failed to present the minimum amount of evidence necessary to establish his or her claim.
An error of law that is so significant that it affects the outcome of the case.
A written legal argument, which a part presents to a court, that explains why that party to the case should prevail.
An appellate court decision that accepts a lower court's judgment in a case that has been appealed.
An appellate court decision that grants an alternative remedy in a case; rendered when the court finds that the decision of the lower court was correct but not the remedy.
An appellate court decision that overturns a case to the judgment of a lower court, concluding that the lower court was incorrect and its verdict cannot be allowed to stand.
An appellate court decision that returns a case to the trial court for a new trial or a limited hearing on a specified subject matter; rendered when the court decides that an error was committed that man have affected the outcome of a case.
Writ of Certiorari
A Supreme Court order, issued after the Court decides to hear an appeal, mandating that the lower court send to the Supreme Court the record of the appealed case.
Alternative Dispute Resolution (ADR)
The resolution of legal problems through methods other than litigation.
A bargaining process on which disputing parties interact informally to attempt to resolve their dispute.
A type of intensive negotiation in which disputing parties select a neutral party to help facilitate communication and suggest ways for the parties to solve their dispute.
A type of alternative dispute resolution on which disputes are submitted for resolution to private nonofficial persons selected on a manner provided by law or the agreement of the parties.
Binding Arbitration Claus
A contract provision mandating that all disputes arising under the contract must be settled by arbitration.
A type of dispute resolution process in which both parties agree to start out in mediation and, if unsuccessful, to move to arbitration.
Summary Jury Trial
An abbreviated trial that leads to a non binding jury verdict.
A type of conflict resolution in which lawyers for each side present their arguments to a neutral adviser, who then offers an opinion as to what the verdict would be if the case went to trial. The decision is non binding.
An ADR method in which a referee is selected and paid by the disputing parties to offer a legally binding judgment in a dispute.
A court in which most civil or criminal cases start when they first enter the legal system. The parties present evidence and call witnesses to testify. There courts are referred to as courts of common pleas pr county courts in state court systems and as district courts in federal system. Also called court of original jurisdiction and court of first instance.
A higher court, usually consisting of more than one judge, that reviews the decision and results of a lower court (either a trial court or a lower level appellate court) when a losing party files for an appeal. These courts do not hold trials but may request additional oral and written arguments from each party; they issue written decisions, which collectively constitute state case law or the common law. AKA appellate jurisdiction.
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