Bus220 - Chapter 3

Front 1

Jurisdiction

Back 1

Power of a court to hear a particular dispute, civil or criminal, and to make a binding decision.

Front 2

General Jurisdiction

Back 2

Power to hear almost any subject matter in a lawsuit;authority of the court of general jurisdiction.

Front 3

Limited Jurisdiction

Back 3

Jurisdiction limited to certain subject matters.

Front 4

Original Jurisdiction

Back 4

Jurisdiction held by the original court, the trial court.

Front 5

Full Faith & Credit Clause

Back 5

Clause in the U.S. Constitution that mandates the enforcement of a states valid judgement, decree, or order in other states.

Front 6

In Personam Jurisdiction
or
Personal Jurisdiction

Back 6

Jurisdiction over the person

Front 7

Summons

Back 7

Process document that requires the defendant to defend against the claim of the plaintiff in the lawsuit.

Front 8

Long-Arm Statute

Back 8

A State statute that allows a court to obtain jurisdiction over a defendant that lives outside that state.

Front 9

Due Process Clause

Back 9

Part of the 5th and 14th admendments.

Front 10

in rem Jurisdiction

Back 10

Jurisdiction over property

Front 11

quasi in rem Jurisdiction

Back 11

Jurisdiction over the interests of particular persons in particular property

Front 12

Venue

Back 12

Particular geographic area within a judicial district where a suit should be brought.

Front 13

res judicata

Back 13

Rules that once a case had been fully litigated, neither party can institute another action based on the same facts or circumstances.

Front 14

Courts Of Appeal

Back 14

Courts of review

Front 15

Appellate Jurisdiction

Back 15

Power of appeals courts to hear appeals only on issues of law, not on issues of fact.

Front 16

Motion

Back 16

Application made to the judge by a party to the lawsuit seeking relief for a wrong commited ar asserting a procedural right.

Front 17

Writ of Centiorari

Back 17

Formal notice from the U.S. Supreme Court that it will accept a case for review.

Front 18

Federal Question Case

Back 18

Case with a legal question that involves the federal Constitution, treaty, or statute. Federal courts have jurisdiction over federal question cases.

Front 19

Concurrent Jurisdiction

Back 19

Power to hear a case held by both federal and state courts.

Front 20

Exclusive Jurisdiction

Back 20

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).

Front 21

Adversary System

Back 21

Where a judge acts as the decision maker between th opposing sides.

Front 22

pleading

Back 22

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.

Front 23

Complaint

Back 23

Type of pleading issued by the plaintiff to the defendant that states the purpose of the lawsuit.

Front 24

Petition

Back 24

Written request made to the court.

Front 25

Answer

Back 25

Document filed by defendant that answers a complaint and admits or denies the allegations stated in the complaint.

Front 26

Counterclaim

Back 26

Claim in which the defendant sets forth allegations against the claims ade by the plaitiff in a lawsuit.

Front 27

Reply

Back 27

Pleading filed by a plaintiff in response to a defindant's counterclaim.

Front 28

Cross-claim

Back 28

claim brought by a defendant against a codefendant.

Front 29

Thrid-Party Complaint

Back 29

Complaint filed against a party who was not an original party to the lawsuit.

Front 30

Process

Back 30

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

Front 31

Subpoena

Back 31

Process document that secures the attendance of a witness at a trial.

Front 32

Subpoena duces tecum

Back 32

Process document that requires evidance to be brought to court.

Front 33

Default Judgment

Back 33

Court order awarding one party everything it requested because the opposing party failed to respond in time.

Front 34

Stay

Back 34

Court oder to stop a proceedings.

Front 35

Demurrer

Back 35

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.

Front 36

Affirmative Defense

Back 36

A defense raised in answer to an attempt to defeat the allegations in a complaint.

Front 37

Discovery

Back 37

Process of obtaining information from opposing party or from witnesses in a lawsuit.

Front 38

Summary Judgment

Back 38

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.

Front 39

Deposition

Back 39

Sworn oral testimony by opposing party or by witness(es) taken by interrogatories, not in open court.

Front 40

Request to Produce

Back 40

Court order requiring a party to a lawsuit to make available evidence it has in its pocession.

Front 41

Pretrial Hearing

Back 41

Hearing that serves to identify and narrow the subject matter that is in dispute and to plan the course of the trial.

Front 42

Voir Dire

Back 42

The process of selecting a jury, during which attorneys can question prospective jurors o determine bias.

Front 43

Challenge for Cause

Back 43

During voir dire, an attorney's request to dismiss a prospective juror because of apparent bias.

Front 44

Peremptory Challenge

Back 44

During voir dire, an attorney's request that a prospective juror be dismissed for an unstated reason.

Front 45

Hearsay Evidence

Back 45

Out-of-court information given by someone other than a witness to prove the truth of a contested fact. Not allowed at trial.

Front 46

Privileged Information

Back 46

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.

Front 47

Preponderance of the Evidence

Back 47

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.

Front 48

Clear and Convincing Evidence

Back 48

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.

Front 49

Beyond A Resonable Doubt

Back 49

A high level of proof that requires a jury to be convinced the defendant commited the crime.

Front 50

Appellant

Back 50

The party appealing the case to a higher court.

Front 51

Appellee

Back 51

The party defending and appeal in a higher court.

Front 52

Retention

Back 52

Under the merit system, judges who were originally appointed must stand stand for election to retain their judicial office.

Front 53

International Court of Justice (ICJ)

Back 53

Principle judicial organ of the United Nations.