Civil Procedures 1

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trial (1)

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The process of deciding a case (giving evidence, making arguments, deciding by a judge and jury, etc.) which occurs if the dispute is not resolved by pleadings, pretrial motions, or settlement. A trial usually takes place in open court and may be followed by a judgment, an appeal, and so on.

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civil litigation (1)

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The process of resolving private disputes through the court system.

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affirm (2)

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1. Make firm; repeat agreement; confirm. 2. When a higher court declares that a lower court's action was valid and right, it "affirms" the decision.

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appellate jurisdiction (2)

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The power and authority of a higher court to take up cases that have already been in a lower court and the power to make decisions about these cases. The process is called appellate review. Also, a trial court may have appellate jurisdiction over cases from an administrative agency.

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attachment (2)

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Formally seizing property (or a person) in order to bring it under the control of the court. This is usually done by getting a court order to have a law enforcement officer take control of the property.

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brief (2)

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A written statement prepared by one side in a lawsuit to explain its case to the judge. It usually contains a fact summary, a law summary, and an argument about how the law applies to the facts. Most such "briefs" are not brief.

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certioriari (2)

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(Latin) "To make sure." A request for certiorari (or "cert." for short) is like an appeal, but on that the higher court is not required to take for decision. It is literally a writ from the higher court asking the lower court for the record of the case.

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concurrent jurisdiction (2)

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"Running together"; having the same authority; at the same time. For example, courts have concurrent jurisdiction when each one has the power to deal with the same case.

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court of appeals (2)

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A court that decides appeals from a trial court. In most states it is a middle-level court (similar to a U.S. Court of Appeals) but in some states it is the highest court.

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diversity of citizenship (2)

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The situation that occurs when a persons on one side of a case in federal court come from a different state than persons on the other side. Complete diversity (all of the plaintiffs are from a different state than all the defendants) allows the court to accept and decide the case based on the court's diversity jurisdiction, provided certain other criteria are met. Diversity of citizenship also applies to suits between citizens and foreign nationals.

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exclusive jurisdiction (2)

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If a court have exclusive jurisdiction over a subject, no other court in the area can decide a lawsuit on that subject.

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general appearance (2)

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Coming before a court an submitting to its jurisdiction in a case.

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general jurisdiction (2)

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The power of a court to hear and decide any of a wide range of cases that arise within its geographic area.

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higher court (2)

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Court of appeals.

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in rem jurisdiction (2)

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The authority of a court to hear a case based on the fact that property, which is the subject of a lawsuit, is located within the state in which the court is situated.

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jurisdiction (2)

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1. The geographical area within which a court (or a public official) has the right and power to operate. 2. The persons about whom and the subject matters about which a court has the right and power to make decisions that are legally binding.

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legal error (2)

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A mistake in the way the law is interpreted or applied to a situation.

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limited jurisdiction (2)

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Authority to hear only certain kinds of cases.

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long-arm statutes (2)

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A state law that allows the courts of that state to claim jurisdiction over (decide cases directly involving) persons outside the state who have allegedly committed torts or other wrongs inside the state. Even with a long-arm statute, the court will not have jurisdiction unless the person sued has certain minimum contacts with the state.

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lower court (2)

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Another term for a trial court.

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motion to quash service of summons (2)

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A request that the court declare that service of the complain and summons is invalid, either because the court lacks jurisdiction over the defendant or because of some procedural problem with the service itself.

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original jurisdiction (2)

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The power of a court to take a case, try it, and decide it (as opposed to appellate jurisdiction, the power of a court to hear and decide an appeal).

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personal jurisdiction (2)

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The power or authority of the court to make a ruling affecting the parties before the court.

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quasi in rem jurisdiction (2)

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Authority of a court to hear a case based on the fact that the defendant owns property that is located within the state, even though that property is not the subject of a lawsuit

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remand (2)

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Send back. For example, a higher court may remand (send back) a case to the lower court, directing the lower court to take some action.

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removal (2)

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The transfer of a case from one court to another (most commonly, from a state to a federal court, often for civil rights reasons).

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reverse (2)

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Set aside. For example, when a higher court reverses a lower court on appeal, it sets aside the judgment of the lower court and either substitutes its own judgment for it or sends the case back to the lower court with instructions on what to do with it.

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special appearance

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Showing up in court for a limited purpose only, especially to argue that the court lacks jurisdiction over you or you client. Special appearances have been replaced in federal courts and many state courts by motions or pleadings for the same purpose.

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subject matter jurisdiction

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The authority that a court has to hear a particular type of case.

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supplemental jurisdiction

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A federal court's right to decide a claim based on a nonfederal issue of this claim depends on the same set of facts as does a federal claim in the case before the court.

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supreme court

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The highest of the United States courts and the highest court of most, but not all, of the states.

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trial court

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A court where the parties to a lawsuit file their pleadings and present evidence to a judge or jury.

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venue

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The local area where a case may be tried. Court systems may have jurisdiction (power) to take a case in a wide geographic area, but the proper venue for the case may be one place within that area for the convenience of the parties or other reasons. Jurisdiction is the subject of fixed rules, but venue is often left up to the discretion (good judgment) of the judge.

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alternative dispute resolution (ADR) (1)

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Ways to resolve legal problems without a court decision; for example, arbitration, mediation, mini trial, rent a judge, summary jury trial and so on.

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arbitration (1)

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Resolution of a dispute by a person (other than a judge) whose decision is binding. This person is called an arbitrator. Submission of the dispute for decision is often th result of an agreement (an arbitration clause) in a contract. If arbitration is required by law, it is called compulsory.

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civil law (1)

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Laws dealing with private disputes between parties.

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civil procedure (1)

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The laws and rules that govern how non criminal lawsuits are handled by the individuals involved and by the court.

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criminal law (1)

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Having to do with the law of crimes and illegal conduct.

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criminal procedure (1)

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The procedure by which a person accused of a crime is brought to trial and given punishment.

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discovery (1)

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The procedure that the parties to a lawsuit follow in order to uncover the facts that are involved in the suit. Generally, the system involves an exchange of information among the parties using certain established discover techniques including depositions, interrogatories, requests for real evidence, requests for physical and mental examinations, and requests for admissions.

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judgment (1)

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The official decision of a court about the rights and claims of each side in a lawsuit. "Judgment" usually refers to a final decision that is based on the facts of the case and made at the end of a trial. It is called a judgment on the merits.

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local rules of court (1)

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Rules that are adopted by individual courts and apply only in those courts.

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mediation (1)

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Outside help in settling a dispute. The person who does this is caled a mediator. This is different from arbitration in that a mediator can only persuade, not force, people into a settlement.

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mediator (1)

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The person who helps settle a dispute through mediation.

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motion (1)

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A request that a judge make a ruling or take some other action Motions are either granted or denied by the judge.

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negotiation (1)

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1. Discuss, arrange, or bargain about a business deal. 2. Discuss a compromise to a situation.

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primary sources (1)

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Books that contain the actual law (e.g., case reporters, codes, constitutions).

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secondary authority (1)

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Persuasive authority. 2. Writings about the law, such as articles, treatises, and encyclopedias.

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settlement (1)

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To come to an agreement about a price, debt, payment of a debt, or disposition of a lawsuit.

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substantive law (1)

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The basic law of rights and duties (contract law, cirminal law, accident law, law of wills, etc.) as opposed to procedural law (law of pleading, law of evidence, law of jurisdiction, etc.).

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writ of execution (1)

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A document that orders a court official to take a debtor's property to pay a court-decided debt. Execution is the official carrying out or completion of a court's order or judgment.

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cause of action (3)

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1. Facts sufficient to support a valid lawsuit. 2. The legal theory upon which a lawsuit ("action") is based.

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claim statute (3)

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A type of law that requires a written notice describing a claim to be presented to the defendant before a lawsuit can be filed.

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conflict of interest (3)

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Being in a position where your own needs and desires could possiblly lead you to violate your duty to a person who has a right to depend on you, or being in a position where you try to serve two competing masters or clients.

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contingent fee (3)

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Payment to a lawyer of a percentage of the "winnings," if any, from a lawsuit rather than payment of a flat amount of money or payment according to the number of hours worked.

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costs (3)

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Expenses of one side in a lawsuit that the judge orders the other side to pay or reimburse.

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flat fee (3)

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A legal fee based on a fixed sum rather than on an hourly rate or a percentage of a recovery.

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hourly billing (3)

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A legal fee based on a fixed amount for each hour the law firm spends on the case.

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laches (3)

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The legal doctrine that a delay (in pursuing or enforcing a claim or right) can be so long that the person against whom you are proceeding is unfairly hurt or prejudiced by the delay itself. Laches is an equitable defense, used when a plaintiff delays unfairly in starting a lawsuit.

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retainer (3)

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1. Employment of a lawyer by a client. 2. The specific agreement in definition no. 1.

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Model Rules of Professional Conduct (3)

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American Bar Association rules stating and explaining what lawyers must do, must not do, should do, and should not do. They cover the field of legal ethics.

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statute of limitations (3)

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A time limit. For exmple, a statute of limitations is a law that sets a maximum amount of time after something happens for it to be taken to court.

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tickler system (3)

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A calendaring system.

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trust account (3)

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Money or property put in a bank to be kept separate (often for ethical or legal reasons) or used for a special purpose.

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agent (4)

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A person authorized (requested or permitted) by another person to act for him or her; a person entrusted with another's business.

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agent for service of process (4)

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Individual designated by a corporation who is authorized to be served with a lawsuit against the corporation.

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authorization (4)

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A signed statement empowering someone (such as a doctor or employer) to give out information that might otherwise be treated as confidential.

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character evidence (4)

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Testimoy about a person's personal traits and habits that is drawn from the opinions of close associates, from the person's reputation in the community, or from the person's past actions.

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circumstantial evidence (4)

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Facts that indirectly prove a main fact in question.

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demeanor (4)

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Physical appearance and behavior. The demeanor of a witness is not what the witness says, but how the witness says it.

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direct evidence (4)

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Proof of a fact without the need for other facts leading up to it. For example, direct evidence that dodos are not extinct would be a live dodo.

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evidence log (4)

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A document attached to an item of physical evidence recording the chain of possession (chain of custody) of that piece of evidence.

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expert witness (4)

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A person possessing special knowledge or experience who is allowed to testify at a trial not only about facts (like an ordinary witness) but also about the professional conclusions he or she draws from these facts.

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habit (4)

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The way a person usually responds to a particular situation.

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hearsay (4)

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A statement about what someone else said (or wrote or otherwise communicated). Hearsay evidence is evidence concerning what someone said outside of a court proceeding that is offered in the proceeding to prove the truth of what was said.

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judicial notice (4)

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The act of a judge in recognizing the existence or truth of certain facts without bothering to make one side in a lawasuit prove them. This is done when the facts are either common knowledge and undisputed or are easily found and cannot be disputed.

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leading question (4)

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A question that shows a witness how to answer it or suggests the preferred answer.

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medical diary (4)

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A document in which the client keeps track of medical treatment, daily health complaints, type and amount of medication, mileage to physicians' offices, and other related medical expenses.

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presumption (4)

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A conclusion or inference drawn.A presumption of law is an automatic assumption required by law that whenever a certain set of facts shows up, a court must automatically draw certain legal conclusions.

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release (4)

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A document by which a claim or right is relinquished.

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relevant evidence (4)

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Evidence that tends to prove or disprove a fact that is important to a clam, charge, or defense in a court case.

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representation letter (4)

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A letter from an attorney to a new client extablishing the ground rules of the litigation, including fees, billing rates retainer, and work to be performed by the law firm.

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retainer agreement (4)

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An agreement between an attorney and a client setting forth the fee arrangement.

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service of process (4)

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The delivery (or its legal equivalent, such as publication in a newspaper in some cases) of a legal paper, such as a writ, by an authorized person in a way that meets certain formal requirements. It is the way to notify a person of a lawsuit.