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72 Cards in this Set

  • Front
  • Back
The process of deciding a case (giving evidence, making arguments, deciding by a judge and jury, etc.). It occurs if the dispute is not resolved by pleadings, pretrial motions, or settlement. Usually takes place in open court, and may be followed by a judgment, an appeal, and so on.
Civil procedure
The laws and rules that govern how noncriminal lawsuits are handled by the individuals involved and by the court.
Civil laws
Laws dealing with private disputes between parties.
Criminal law
Having to do with the law of crimes and illegal conduct.
Criminal procedure (criminal action)
The procedure by which a person accused of a crime is brought to trial and given punishment.
A person who brings a lawsuit against another person.
The first main paper filed in a civil lawsuit.
A written request to a court asking that it take a particular action. Sometimes used in place of a complaint.
The person against whom a legal action is brought. Legal action may be civil or criminal.
The first pleading by the defendant in a lawsuit. This pleading responds to the plaintiff's complaint.
Failure to take a required step in a lawsuit. Could lose the case.
The official decision of the court about the rights and the claims of each side in a lawsuit.
The formal and informal exchange of information between two sides in a lawsuit.
A request that a judge make a ruling or take some other action. Either granted or denied by the judge.
A judge's order requiring that something be done outside the courtroom or authorizing it to be done
An official carrying out of a court's order or judgment.
alternative dispute resolution
Ways to resolve legal problems without a court decision
Discuss, arrange, or bargain about a business deal. Discuss a compromise to a situation.
To come to an agreement about price, debt, payment of debt,or disposition of a lawsuit.
Outside help in settling a dispute.
The person who helps settle a dispute through mediation.
Resolution dispute (other than a judge) whose decision is binding.Called compulsory is required by law.
The person who resolves a dispute in an arbitration
procedural law
The rules of carrying on a civil lawsuit or a criminal case (law of pleading, law of evidence, law of jurisdiction)
substantive law
The basic law of rights and duties (contract law, criminal law, accident law, law of wills, etc.)
primary sources
Books that contain the actual law
secondary sources
Persuasive authority. Writings about the law.
local rules of court
Rules that are adopted by individual courts and apply only in those courts.
civil litigation
The process of resolving private disputes through the court system.
trial court
A court where the parties to a lawsuit file their pleadings and present evidence to a judge or jury.
lower court
Another term for a trial court.
The geographical area within which a court has the right and power to operate. The persons about whom and the subject matters about which a court has the right and power to make decisions that are legally binding.
original jurisdiction
The power of a court to take a case, try it, and decide it.
court of appeals
A court that decides appeals from a trial court.
A written statement prepared by one side in a lawsuit to explain its case to a judge.
legal error
A mistake in the way the law is interpreted or applied to a situation.
appellate jurisdiction
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.
higher court
Court of appeals.
supreme court
The highest of the United States courts and the highest court of most, but not all, of the states.
An appeal which the higher court is not required to take for decision.
subject matter jurisdiction
The authority that a court has to hear a particular type of case.
personal jurisdiction
The power or authority of the court to make a ruling affecting the parties before the court.
in rem jurisdiction
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.
quasi in rem jurisdiction
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 the lawsuit.
diversity of citizenship
The situation that occurs when persons on one side of a case in federal court come from a different state than persons on the other side.
exclusive jurisdiction
If a court has exclusive jurisdiction over a subject, no other court in the area can decide lawsuit on that subject.
concurrent jurisdiction
"Running together," or having the same authority at the same time.
The transfer of a case from one court to another.
supplemental jurisdiction
A federal court's right to decide a claim based on a non federal issue if this claim depends on the same set of facts as does a federal claim in the case before th court.
general jurisdiction
The power of a court to hear and decide any of a wide range of cases that arise within its geographic area.
limited jurisdiction
Authority to hear only certain kinds of cases.
When a higher court declares that a lower court's action was valid and right.
Send back.
long-arm statutes
A state law that allows the courts of that state to claim jurisdiction over persons outside the state who have allegedly committed torts or other wrongs inside the state.
general appearance
Coming before a court and submitting to its jurisdiction in a case.
special appearance
Showing up in court for a limited purpose only, especially to argue that the court lacks jurisdiction over you or your client.
motion to quash service of summons
A request that the court declare that service of the complaint and summons is invalid, either because the court lacks jurisdiction over the defendant or because of some procedural problem with the service itself.
Formally seizing property in order to bring it under the control of the court.q
The local area where a case may be tried.
cause of action
Facts sufficient to support a valid lawsuit.
statute of limitations
A time limit.
claim statute
A type of law that requires a written notice describing a claim to be presented to the defendant before a lawsuit can be filed.
The legal doctrine that a delay can be so long that the person against whom you are proceeding in unfairly hurt or prejudiced by the delay itself.
tickler system
A calendering system.
Rules of Professional Coduct
American Bar Association rules stating and explaining what lawyers must do, must not do, and should not do.
conflict of interest
Being in a position where your own needs and desires could possibly lead you to violate your duty to a person who has a right to depend on you.
flat fee
A legal fee based on a fixed sum rather than on an hourly rte or percentage of a recovery.
hourly billing
A legal fee based on a fixed amount for each hour the law firm spends on the case.
contingent fee
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.
Expenses of one side in lawsuit that the judge orders the other side to pay or reimburse.
Employment of a lawyer by a client.
trust account
Money or property put in a bank account to be kept separate or used for a special purpose.