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53 Cards in this Set

  • Front
  • Back
Power of a court to hear a particular dispute, civil or criminal, and to make a binding decision.
General Jurisdiction
Power to hear almost any subject matter in a lawsuit;authority of the court of general jurisdiction.
Limited Jurisdiction
Jurisdiction limited to certain subject matters.
Original Jurisdiction
Jurisdiction held by the original court, the trial court.
Full Faith & Credit Clause
Clause in the U.S. Constitution that mandates the enforcement of a states valid judgement, decree, or order in other states.
In Personam Jurisdiction
Personal Jurisdiction
Jurisdiction over the person
Process document that requires the defendant to defend against the claim of the plaintiff in the lawsuit.
Long-Arm Statute
A State statute that allows a court to obtain jurisdiction over a defendant that lives outside that state.
Due Process Clause
Part of the 5th and 14th admendments.
in rem Jurisdiction
Jurisdiction over property
quasi in rem Jurisdiction
Jurisdiction over the interests of particular persons in particular property
Particular geographic area within a judicial district where a suit should be brought.
res judicata
Rules that once a case had been fully litigated, neither party can institute another action based on the same facts or circumstances.
Courts Of Appeal
Courts of review
Appellate Jurisdiction
Power of appeals courts to hear appeals only on issues of law, not on issues of fact.
Application made to the judge by a party to the lawsuit seeking relief for a wrong commited ar asserting a procedural right.
Writ of Centiorari
Formal notice from the U.S. Supreme Court that it will accept a case for review.
Federal Question Case
Case with a legal question that involves the federal Constitution, treaty, or statute. Federal courts have jurisdiction over federal question cases.
Concurrent Jurisdiction
Power to hear a case held by both federal and state courts.
Exclusive Jurisdiction
Power to hear a case held by only a federal court (federal crimes, bankruptcy, patents, copyright, and suits against the United States), or by only a state court(divorse, adoption, probate).
Adversary System
Where a judge acts as the decision maker between th opposing sides.
A document written by one of the parties to the lawsuit and sent to the other party and to the court so that it can be included in the judge's case file, which is a public record.
Type of pleading issued by the plaintiff to the defendant that states the purpose of the lawsuit.
Written request made to the court.
Document filed by defendant that answers a complaint and admits or denies the allegations stated in the complaint.
Claim in which the defendant sets forth allegations against the claims ade by the plaitiff in a lawsuit.
Pleading filed by a plaintiff in response to a defindant's counterclaim.
claim brought by a defendant against a codefendant.
Thrid-Party Complaint
Complaint filed against a party who was not an original party to the lawsuit.
Document that is an order coming from the court, signed by the judge or representative;
Three stages of process exist:
1.) Issued
2.) Served
3.) Filed
Process document that secures the attendance of a witness at a trial.
Subpoena duces tecum
Process document that requires evidance to be brought to court.
Default Judgment
Court order awarding one party everything it requested because the opposing party failed to respond in time.
Court oder to stop a proceedings.
Defendant's motion to dismiss the complaint, stating that, even if the facts are true, their legal consequences are such that there is no reason to go further with the lawsuit and no need for the defendant to present an answer.
Affirmative Defense
A defense raised in answer to an attempt to defeat the allegations in a complaint.
Process of obtaining information from opposing party or from witnesses in a lawsuit.
Summary Judgment
Written request by either party to a lawsuit to the court to grant judgment on grounds that there is no genuine issue of material fact anf the requesting party in entitled to judgment as a matter law.
Sworn oral testimony by opposing party or by witness(es) taken by interrogatories, not in open court.
Request to Produce
Court order requiring a party to a lawsuit to make available evidence it has in its pocession.
Pretrial Hearing
Hearing that serves to identify and narrow the subject matter that is in dispute and to plan the course of the trial.
Voir Dire
The process of selecting a jury, during which attorneys can question prospective jurors o determine bias.
Challenge for Cause
During voir dire, an attorney's request to dismiss a prospective juror because of apparent bias.
Peremptory Challenge
During voir dire, an attorney's request that a prospective juror be dismissed for an unstated reason.
Hearsay Evidence
Out-of-court information given by someone other than a witness to prove the truth of a contested fact. Not allowed at trial.
Privileged Information
Onformation abtained through a confidential communication in a protected relationship, such as an attorney-client, husband-wife)in some states), or priest-penitent relationship. Not allowed at trial.
Preponderance of the Evidence
To prevail in a lawsuit, the level or proof that requires a plaintiff to present evidence that is just slightly more persuasive than the defendant,s evidence.
Clear and Convincing Evidence
The level of proof that requires a plaintiff to present evidence that goes beyond a well-founded doubt. This level of proof falls between that of a preponderance of the evidence and the level of proof needed in a criminal case, which is evidence beyond a resonable doubt.
Beyond A Resonable Doubt
A high level of proof that requires a jury to be convinced the defendant commited the crime.
The party appealing the case to a higher court.
The party defending and appeal in a higher court.
Under the merit system, judges who were originally appointed must stand stand for election to retain their judicial office.
International Court of Justice (ICJ)
Principle judicial organ of the United Nations.