Lgst 301 Test 1

Front 1

affidavit

(112)

Back 1

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

Front 2

affirmative defense

(112)

Back 2

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

Front 3

answer

(111)

Back 3

-defendent's response to summons

-may admit or deny allegations

Front 4

appellant

(94)

Back 4

-a.k.a. petitioner

-person appealing case

Front 5

appellee

(94)

Back 5

-a.k.a. respondent

-person not appealing the case

Front 6

attorney-client privilege

(116)

Back 6

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

Front 7

authoritative decision

(107)

Back 7

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

-has to do with hierarchical relationship of courts

Front 8

cert. denied

(99)

Back 8

-indicates that a writ was sought, and denied by the Supreme Court

Front 9

choice-of-forum clause

(103)

Back 9

advance decision as to where disputes will be litigated

Front 10

civil procedure

(110)

Back 10

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

Front 11

class action

(118)

Back 11

when a group presses charges as one

Front 12

Code of Federal Regulations

(107)

Back 12

-printing of federal rules and regulations

-reprinted each year

Front 13

common law

(107)

Back 13

-case law

-legal rules made by judges when a case is decided

Front 14

complaint

(111)

Back 14

briefly states a grievance and makes allegations

Front 15

conflict-of-law rules

(95)

Back 15

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

Front 16

counter claim

(112)

Back 16

a legal claim by the defendant against the plaintiff

Front 17

de novo

(101)

Back 17

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

Front 18

declaratory judgment

(130)

Back 18

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

Front 19

default judgment

(112)

Back 19

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

Front 20

depecage

(103)

Back 20

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

Front 21

deposition

(114)

Back 21

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

Front 22

directed verdict

(113)

Back 22

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

-made after evidence is presented

-opposition must lack sufficient evidence

Front 23

discovery

(114)

Back 23

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

Front 24

diversity jurisdiction

(94)

Back 24

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

Front 25

en banc hearing

(97)

Back 25

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

Front 26

Erie doctrine

(95)

Back 26

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

Front 27

federal question

(94)

Back 27

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.

Front 28

forum non conveniens

(104)

Back 28

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

Front 29

forum shopping

(95)

Back 29

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

Front 30

in personam jurisdiction

(101)

Back 30

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

Front 31

in rem jurisdiction

Back 31

jurisdiction over property based upon the location of the property at issue in the lawsuit

Front 32

interrogatory

Back 32

written question to a party to a lawsuit and its attorney

Front 33

judgment notwithstanding the verdict

Back 33

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

Front 34

judgment n.o.v. (j.n.o.v.)

Back 34

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

Front 35

long-arm statute

Back 35

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

Front 36

minimum contacts

Back 36

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

Front 37

motion for judgment on the pleadings

Back 37

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

Front 38

motion to dismiss

Back 38

the formal request that the court terminate lawsuit on the ground that plaintiff's claim is technically inadequate

Front 39

non obstante verdicto

Back 39

Latin for "notwithstanding the verdict"

Front 40

partial summary judgment

Back 40

a summary judment granted on some issues of a case while other issues proceed to trial

Front 41

personal jurisdiction

Back 41

the power of state court to hear (decide) a civil case based upon residence or location of activities of the person being sued

Front 42

persuasive decision

Back 42

a well reasoned court decision that another court, not boudn by the first decision, would, when confronted witha similar dispute, probably follow

Front 43

petitioner

Back 43

the person who is appealing a judgment or seeking a writ of certiorari. also called appellant

Front 44

pleadings

Back 44

the formal allegations by the parties to a lawsuit of their respective claims and defenses

Front 45

political question

Back 45

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

Front 46

prayer

Back 46

the request for relief in a complaint

Front 47

remand

Back 47

the power of a court of appeal to send a case back to a lower court for reconsideration

Front 48

reporter

Back 48

the published volumes of case decisions by a particular court or group of courts

Front 49

request for production of documents

Back 49

requests for documents such as medical records and personal files to be produced as part of the discovery before a trial

Front 50

respondent

Back 50

the party in a case against whom an appeal is taken; the party has an interest adverse to setting aside or reversing the judgment

Front 51

restatement

Back 51

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

Front 52

service of process

Back 52

notifying a defendant of a claim

Front 53

spoliation inference

Back 53

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

Front 54

standing

Back 54

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

Front 55

stare decisis

Back 55

"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

Front 56

summary judgment

Back 56

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

Front 57

summons

Back 57

the official notice to a defendant that a lawsuit is pending against the defendant in a particular court

Front 58

total-activity test

Back 58

a combination of tests used to determine where a company engaged in mulitstate operations is domiciled

Front 59

vacate

Back 59

the power of a court of appeal to nullify a previous court's ruling