Test

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Trial

Back 1

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.

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Civil procedure

Back 2

The laws and rules that govern how noncriminal lawsuits are handled by the individuals involved and by the court.

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Civil laws

Back 3

Laws dealing with private disputes between parties.

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Criminal law

Back 4

Having to do with the law of crimes and illegal conduct.

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Criminal procedure (criminal action)

Back 5

The procedure by which a person accused of a crime is brought to trial and given punishment.

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plaintiff

Back 6

A person who brings a lawsuit against another person.

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complaint

Back 7

The first main paper filed in a civil lawsuit.

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petition

Back 8

A written request to a court asking that it take a particular action. Sometimes used in place of a complaint.

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defendant

Back 9

The person against whom a legal action is brought. Legal action may be civil or criminal.

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answer

Back 10

The first pleading by the defendant in a lawsuit. This pleading responds to the plaintiff's complaint.

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default

Back 11

Failure to take a required step in a lawsuit. Could lose the case.

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judgment

Back 12

The official decision of the court about the rights and the claims of each side in a lawsuit.

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discovery

Back 13

The formal and informal exchange of information between two sides in a lawsuit.

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motion

Back 14

A request that a judge make a ruling or take some other action. Either granted or denied by the judge.

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writ

Back 15

A judge's order requiring that something be done outside the courtroom or authorizing it to be done

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execution

Back 16

An official carrying out of a court's order or judgment.

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alternative dispute resolution

Back 17

Ways to resolve legal problems without a court decision

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negotiation

Back 18

Discuss, arrange, or bargain about a business deal. Discuss a compromise to a situation.

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settlement

Back 19

To come to an agreement about price, debt, payment of debt,or disposition of a lawsuit.

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mediation

Back 20

Outside help in settling a dispute.

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mediator

Back 21

The person who helps settle a dispute through mediation.

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abitration

Back 22

Resolution dispute (other than a judge) whose decision is binding.Called compulsory is required by law.

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arbitrator

Back 23

The person who resolves a dispute in an arbitration

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procedural law

Back 24

The rules of carrying on a civil lawsuit or a criminal case (law of pleading, law of evidence, law of jurisdiction)

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substantive law

Back 25

The basic law of rights and duties (contract law, criminal law, accident law, law of wills, etc.)

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primary sources

Back 26

Books that contain the actual law

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secondary sources

Back 27

Persuasive authority. Writings about the law.

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local rules of court

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Rules that are adopted by individual courts and apply only in those courts.

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civil litigation

Back 29

The process of resolving private disputes through the court system.

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trial court

Back 30

A court where the parties to a lawsuit file their pleadings and present evidence to a judge or jury.

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lower court

Back 31

Another term for a trial court.

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jurisdiction

Back 32

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.

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original jurisdiction

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The power of a court to take a case, try it, and decide it.

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court of appeals

Back 34

A court that decides appeals from a trial court.

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brief

Back 35

A written statement prepared by one side in a lawsuit to explain its case to a judge.

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legal error

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A mistake in the way the law is interpreted or applied to a situation.

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appellate jurisdiction

Back 37

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.

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higher court

Back 38

Court of appeals.

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supreme court

Back 39

The highest of the United States courts and the highest court of most, but not all, of the states.

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certiorari

Back 40

An appeal which the higher court is not required to take for decision.

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subject matter jurisdiction

Back 41

The authority that a court has to hear a particular type of case.

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personal jurisdiction

Back 42

The power or authority of the court to make a ruling affecting the parties before the court.

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in rem jurisdiction

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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.

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quasi in rem jurisdiction

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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.

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diversity of citizenship

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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.

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exclusive jurisdiction

Back 46

If a court has exclusive jurisdiction over a subject, no other court in the area can decide lawsuit on that subject.

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concurrent jurisdiction

Back 47

"Running together," or having the same authority at the same time.

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removal

Back 48

The transfer of a case from one court to another.

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supplemental jurisdiction

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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.

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general jurisdiction

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The power of a court to hear and decide any of a wide range of cases that arise within its geographic area.

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limited jurisdiction

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Authority to hear only certain kinds of cases.

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affirm

Back 52

When a higher court declares that a lower court's action was valid and right.

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remand

Back 53

Send back.

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long-arm statutes

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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.

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general appearance

Back 55

Coming before a court and submitting to its jurisdiction in a case.

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special appearance

Back 56

Showing up in court for a limited purpose only, especially to argue that the court lacks jurisdiction over you or your client.

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motion to quash service of summons

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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.

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attachment

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Formally seizing property in order to bring it under the control of the court.q

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venue

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The local area where a case may be tried.

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cause of action

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Facts sufficient to support a valid lawsuit.

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statute of limitations

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A time limit.

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claim statute

Back 62

A type of law that requires a written notice describing a claim to be presented to the defendant before a lawsuit can be filed.

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laches

Back 63

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.

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tickler system

Back 64

A calendering system.

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Rules of Professional Coduct

Back 65

American Bar Association rules stating and explaining what lawyers must do, must not do, and should not do.

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conflict of interest

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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.

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flat fee

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A legal fee based on a fixed sum rather than on an hourly rte or percentage of a recovery.

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hourly billing

Back 68

A legal fee based on a fixed amount for each hour the law firm spends on the case.

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contingent fee

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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.

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cost

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Expenses of one side in lawsuit that the judge orders the other side to pay or reimburse.

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retainer

Back 71

Employment of a lawyer by a client.

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trust account

Back 72

Money or property put in a bank account to be kept separate or used for a special purpose.