Paralegal Law

Front 1

Ligiation

Back 1

• process to bringing, maintaining, and defending a lawsuit
  
• court that hears matters of a specialized or limited nature

Front 2

Limited jurisdiction trial court

Back 2

• court that hears matters of a specialized or limited nature

Front 3

General jurisdiction trial court (court of record)

Back 3

• court that hears cases of general nature that are not within the jurisdiction of limited jurisdiction trial courts
  

Front 4

Intermediate appellate court

Back 4

• court that hears appeals from trial courts
  

Front 5

Highest state court

Back 5

• top court in a state court system
• hears appeals from intermediate state courts and certain trial courts

Front 6

Special federal courts

Back 6

• federal courts that hear matter of specialized or limited jurisdiction

Front 7

US District Courts

Back 7

• federal court system's trial courts of general jurisdiction
  

Front 8

US courts of Appeals

Back 8

• federal court system's intermediate appellate courts

Front 9

Supreme court of the US

Back 9

• highest court in the US located in DC
• Supreme court was created by Article III of the US constitution

Front 10

Petition for certiorari

Back 10

• asking the Supreme Court to hear one's case

Front 11

writ of certiorari

Back 11

• official notice that the Supreme Court will review one's case

Front 12

Subject matter jurisdiction

Back 12

• jurisdiction over the subject matter of a lawsuit

Front 13

Federal question

Back 13

• case arising under the US Constitution, treaties, or federal statutes and regulations
  

Front 14

Diversity of citizenship

Back 14

case between

1. citizen of different states
2. a citizen of a state and a citizen or subject of a foreign country
3. a citizen of a state and foreign country where a foreign country is the plaintiff

Front 15

In personam (personal) jurisdiction

Back 15

• jurisdiction over the parties to a lawsuit

Front 16

Service of process

Back 16

• summons being served on a defendant to obtain personal jurisdiction over him or her

Front 17

in rem jurisdiction

Back 17

• jurisdiction to hear a case because of jurisdiction over the property at issue in the lawsuit

Front 18

Quasi in rem (attachment) jurisdiction

Back 18

• jurisdiction allowed a plaintiff who obtains a judgement in one state to try to collect the judgement by attaching property of a defendant located in another state

Front 19

Long-arm statute

Back 19

• extends a states's jurisdiction to nonresidents who were not served a summons within the state

Front 20

Venue

Back 20

• requirement that lawsuits be heard by the court with jurisdiction that is nearest the location in which the incident occurred or where the parties resides

Front 21

Forum selection clause

Back 21

• contract provision that designates a certain court to hear disputes concerning the nonperformance of a contract
  

Front 22

Choice-of-law clause

Back 22

• contract provision that designates a certain state's or country's law to be applied to disputes concerning the nonperformance of a contact

Front 23

e-court

Back 23

• court that either mandates or permits the electronic filing of pleadings, briefs, and other document related to a lawsuit
• virtual courthouse

Front 24

Alternative disputed resolution (ADR)

Back 24

• methods of resolving disputes other than litigation
  

Front 25

Negotiation

Back 25

• procedure in which the parties to a dispute engage in negotiations to try to reach a voluntary settlement of their dispute

Front 26

Settlement agreement

Back 26

• agreement voluntarily entered into by the parties to a disputed that settles the dispute

Front 27

Arbitration

Back 27

• form of ADR in which the parties choose an impartial third party to hear and decide the dispute

Front 28

Arbitration clause

Back 28

• a contract that requires disputes arising out of the contract to be submitted to arbitration
  

Front 29

Federal Arbitration Act

Back 29

• federal statute that provides for the enforcement of most commercial arbitration agreement

Front 30

Mediation

Back 30

• form of negotiation in which a neutral third party assists the disputing parties in reaching a settlement of their dispute

Front 31

Mediator

Back 31

• neutral third party who assist the disputing parties in reaching a settlement of their dispute
• mediator cannot make a decision or an award

Front 32

Conciliation

Back 32

• form of dispute resolution in which a conciliator transmits offers and counteroffers between the disputing parties in helping to reach a settlement of their dispute

Front 33

Conciliator

Back 33

• third party in a conciliation proceeding who assist the disputing parties in reaching a settlement of their dispute
• conciliator cannot make a decision or an award

Front 34

minitrial

Back 34

• voluntary private proceeding in which the lawyers for each side present a shortened version of their case to representatives of the other side, and usually to a neutral third party, in an attempt to reach a settlement of the dispute

Front 35

Online dispute resolution

Back 35

• online alternative disputed resolution services to resolve a dispute

Front 36

Online arbitration

Back 36

• dispute using online arbitration service

Front 37

Online mediation

Back 37

• dispute using online mediation services