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59 Cards in this Set

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  • Back

sworn statemens of other written evidence that the moving party files to show that the cause of an action is without merit
affirmative defense

admits that the defendant has acted in a certain way, but claims that it was not the cause of harm to the plaintiff, or that the action is excused

-defendent's response to summons

-may admit or deny allegations

-a.k.a. petitioner

-person appealing case

-a.k.a. respondent

-person not appealing the case
attorney-client privilege

-court cannot force the disclosure of confidential communications between a client and his or her attorney
authoritative decision

-a decision that must be followed, regardless of persuasive power

-has to do with hierarchical relationship of courts
cert. denied

-indicates that a writ was sought, and denied by the Supreme Court
choice-of-forum clause

advance decision as to where disputes will be litigated
civil procedure

the methods, procedures, and practices that govern the processing of a civil lawsuit from start to finish
class action

when a group presses charges as one
Code of Federal Regulations

-printing of federal rules and regulations

-reprinted each year
common law

-case law

-legal rules made by judges when a case is decided

briefly states a grievance and makes allegations
conflict-of-law rules

prescribe which state's law should apply to a particular kind of case
counter claim

a legal claim by the defendant against the plaintiff
de novo

-a decision that an appelate court issued as if never tried previously
declaratory judgment

a lawsuit that seeks only a judicial order articulating the legal rights and responsibilities of the parties, rather than monetary damages
default judgment

judgement made in favor of plaintiff, due to defendant's failure to answer

a choice-of-law doctrine under which the court is permitted to apply the laws of different states to different issues when more than one state has an interest in the outcome of a case

the written or oral questioning of any person who may have helpful information about the facts of the case
directed verdict

-a request for the judge to take the case away from the jury

-made after evidence is presented

-opposition must lack sufficient evidence

the process through which parties in a lawsuit collect evidence to support their claim
diversity jurisdiction

the power of US district courts to decide lawsuits between citizens of two different states when amount in controversy, exclusive of interests and all costs, exceeds $75,000
en banc hearing

a hearing at which all the judges of a court of appeals sit together to hear and decide a particularly important or close case
Erie doctrine

in a diversity action in federal court, except as to matters governed by the US Constitution and acts of Congress, the law to be applied in any case is the law of the state in which the federal court is situated
federal question

when a dispute concerns federal law, namely a legal right arising undert he US Constitution, a federal statute, an administrative regulation issued by a federal government agency, federal common law, or a treaty of the United States, it is said to raise a federal question.
forum non conveniens

A doctrine whereby a suit is dismissed because an alternate, more convenient forum is available
forum shopping

a party to a lawsuit attempts to have a case tried in a particular court or jurisdiction where the party believes the most favorable judgment or verdict will be recieved
in personam jurisdiction

personal jurisdiction based upon the residence or activiites of the prson being sued.
the power the court has over the defendant itself, in contrast to the court's power over the defendant's interest in property or the property itself
in rem jurisdiction
jurisdiction over property based upon the location of the property at issue in the lawsuit
written question to a party to a lawsuit and its attorney
judgment notwithstanding the verdict
reverses the jury verdict on the ground that the evidence of the prevailing party as so weak that no reasonable jury could have resolved the dispute in that party's favor
judgment n.o.v. (j.n.o.v.)
reverses the jury verdict on the ground that the evidence of the prevailing party as so weak that no reasonable jury could have resolved the dispute in that party's favor
long-arm statute
a state statute that subjects an out-of-state defendant to jurisdiction when the defendant is doing business or commits a civil wrong in the state
minimum contacts
as long as the person has sufficient minimum contacts witha state, such that it is fair to require him or her to appear in a court of that state, the state has personal jurisdiction over that person
motion for judgment on the pleadings
a motion filed immeadiately after the complaint and answer have been flied. one party, usually the defendant, argues that the pleadings alone demonstarte that the action is futile
motion to dismiss
the formal request that the court terminate lawsuit on the ground that plaintiff's claim is technically inadequate
non obstante verdicto
Latin for "notwithstanding the verdict"
partial summary judgment
a summary judment granted on some issues of a case while other issues proceed to trial
personal jurisdiction
the power of state court to hear (decide) a civil case based upon residence or location of activities of the person being sued
persuasive decision
a well reasoned court decision that another court, not boudn by the first decision, would, when confronted witha similar dispute, probably follow
the person who is appealing a judgment or seeking a writ of certiorari. also called appellant
the formal allegations by the parties to a lawsuit of their respective claims and defenses
political question
a conflict taht should be decided by one of the political branches of government or by the electorate. A court will refuse to decide questions of a purely political character
the request for relief in a complaint
the power of a court of appeal to send a case back to a lower court for reconsideration
the published volumes of case decisions by a particular court or group of courts
request for production of documents
requests for documents such as medical records and personal files to be produced as part of the discovery before a trial
the party in a case against whom an appeal is taken; the party has an interest adverse to setting aside or reversing the judgment
former common law rules in a particular subject area (e.g. contracts, torts) integrated into formal collections that a judge or legislature is free to adopt
service of process
notifying a defendant of a claim
spoliation inference
inference, as instructed to a jury, that missing or altered evidence should be presumed to have been unfavorable to the party causing its destruction or loss
a party to a lawsuit has standing if the person seeking relief is the proper party to advance the litigation, has a personal interst in the outcome o fthe suit, and will benefit from a favorable ruling
stare decisis
"to abide by"the doctrine that holds that once a court resolves a particular issue, other courts addressing a similar legal problem generally follow the initial courts decision
summary judgment
a procedural device available for disposition of a controversy without trial. a judge will grant summary judgment only if all of the written evidence before the court clearly establishes hat there are no disputed issues of material fact adn the aprty who requested teh summary judgment is entitled to prevail as a matter of law
the official notice to a defendant that a lawsuit is pending against the defendant in a particular court
total-activity test
a combination of tests used to determine where a company engaged in mulitstate operations is domiciled
the power of a court of appeal to nullify a previous court's ruling