Legal Environment: American Legal System

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The power of a court to hear a case and render a binding decision

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Jurisdiction

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The power to initially hear and decide a case.

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Original Jurisdiction

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The power to review a previously made decision by the trial court.

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Appellate Jurisdiction

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The power of a court to render a decision that affects the legal rights of a specific person

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In Personam Jurisdiction

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The initial pleading in a case that states the names of the parties to the action, the basis for the court's subject matter jurisdiction, the facts on which the party's claim is based, and the relief that the party is seeking.

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Complaint

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Order by a court to appear before it at a certain time and place

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Summons

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Providing the defendant with a summons and a copy of the complaint.

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Service

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A statute authorizing a court to Obtain jurisdiction over an out of state defendant when that party has sufficient minimum contacts with a state

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Long-arm statute

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The power of a court to render a decision that affects property directly rather than the owner of the property.

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In rem Jurisdiction

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The power of a court to render a decision in a particular type of case

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Subject matter jurisdiction

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Applies to cases that may be heard only in the state court system.

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State Court jurisdiction

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Applies to cases that may be heard only in the federal court system

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exclusive federal jurisdiction

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Applies to cases that may be heard in either the federal or the state court system.

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concurrent jurisdiction

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Provides that information furnished by a client to an attorney in confidence, in conjunction with a legal matter, may not be revealed by the attorney without the client's permission.

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Attorney-Client Privilege

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Provides that formal and informal documents prepared by an attorney in conjunction with a client's case are privileged and may not be revealed by the attorney without the client's permission

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Work-product doctrine

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A judicial philosophy that says the courts need to take an active role in encouraging political, economic, and social change.

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Judicial Activism

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A judicial philosophy that says courts should refrain form determining the constitutionality of a legislative act unless absolutely necessary and that social, political,and economic change should come out of the political process

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judicial restraint

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A jury of 12 citizens impaneled to decide on the facts at issue in a criminal case and to pronounce the defendant guilty or not guilty.

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petit jury

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A formal written accusation in a felony case.

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Indictment

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A group of 12 to 23 citizens convened in private to decide wether enough evidence exists to try the defendant for a felony

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Grand Jury

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System of litigation in which the judge hears evidence and arguments presented by both sides in a case and then makes an objective decision based on the facts and the law as presented by each side.

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Adversarial system

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The rules governing proceedings in a civil case; federal rules of procedure apply in al federal courts,and state rules apply in state courts.

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Rules of civil procedure

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Papers filed by a party in court and then served on the opponent in a civil lawsuit.

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Pleadings

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Defendant's application to the court to put the case out of judicial consideration because even if the plaintiff's factual allegations are true, the plaintiff is not entitled to relief

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Motion to dismiss

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Defendant's statement of facts showing cause for action against the plaintiff and a request for appropriate relief

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Counterclaim

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The pretrial gathering of information from each other by the parties

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Discovery

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Pretrial testimony by witnesses who are examined under oath.

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Deposition

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Process whereby the judge and or the attorneys question potential jurors to determine whether they will be able to render an unbiased opinion in the case.

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Voir Dire

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Questioning by the directing attorney following cross-examination. The scope of the questions is limited to questions asked on the cross-examination.

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Redirect examination

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A brief additional argument by the plaintiff to address any important matters brought out in the defendant's closing argument..

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REbuttal

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Term used for an appellate court's decision to uphold the decision of a lower court in a case that has been appealed.

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Affirm

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Term used for an appellate court's decision that, although the lower court's decision was correct, it granted an inappropriate remedy that news to be changed

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Modify

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Term used for an appellate court's decision that the lower court's decision was incorrect and cannot be allowed to stand.

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Reverse

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Term used for an appellate court's decision that an error was committed that may have affected the outcome of the case and that therefore the case must be returned to the lower court

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Remand