Unit 1, Chapter 2

Front 1

judicial review

Back 1

the process by which courts decide on the constitutionality of legislative enactments and actions of the executive branch

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juris (latin) =

diction (latein) =

Back 2

law

to speak

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jusrisdiction

Back 3

the power to speak the law

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in personam jurisdiction

Back 4

court jurisdiction over the "person" involved in a legal action; personal jurisdiction

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in rem jurisdiction

Back 5

court jurisdiction over a defendant's property

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long arm statute

Back 6

a court can exercise personal jurisdiction over certain out-of-state defendants based on activities that took place within the state

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probate courts

Back 7

state courts that handle only the disposition of a person's assets and obligations after that person's death, including issues relating to the custody and guardianship of children

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exclusive jurisdiction

Back 8

when only state courts or only federal courts have authority to hear a case

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concurrent jurisdiction

Back 9

when both federal and state courts have the authority to hear the same case

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personal jurisdiction

Back 10

when a defendant is located in the territorial boundaries within which a court has the right and power to decide cases. jurisdiction may be exercised over out-of-state defendants under state long arm statutes. courts have jurisdiction over corporate defendants that do business within the state, as well as corporations that advertise, sell, or place goods into the stream of commerce in the state.

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property jurisdicition

Back 11

when the property that is subject to a lawsuit is located within the territorial boundaries within which a court has the right and power to decide cases.

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subject matter jurisdiction

Back 12

limits the court's jurisdictional authority to particular types of cases

1. limited jurisdiction - when a court is limited to a specific subject matter, such as probate or divorce

2. general jurisdiction - when a court can hear cases involving a broad array of issues

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original jurisdiction

Back 13

with courts that have the authority to hear a case for the first time (trial courts)

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appellate jurisdiction

Back 14

with courts of appeal and review. generally, they do no have original jurisdiction

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federal jurisdiction

Back 15

1. federal questions - a federal court can exercise jurisdiction when the plaintiff's cause of action is based at least in part on the U.S. Constitution, a treat, or a federal law.

2. diversity of citizenship - a federal court can exercise jurisdiction in cases between citizens of different states when the amount in controversy exceeds $75,000.

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jurisdiction in cyberspace

Back 16

the courts have developed a sliding-scale standard to use in determining when jurisdiction over a web site owner or operator in another state is proper

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venue

Back 17

most appropriate location for trial

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standing to sue

Back 18

sufficient stake in a matter to justify seeking relief through the court system

(standing means that the arty that filed the action in court has a legally protected interest at stake in the litigation)

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LSC =

Back 19

Legal Services Corporation

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a state court system includes...

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1. trial courts of limited jurisdiction

2. trial courts of general jurisdiction

3. appellate courts

4. the state's highest court (state supreme court)

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small claims courts

Back 21

inferior trial courts that hear only civil cases involving claims of less than a certain amount

(lawyers are not required, sometimes not allowed)

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question of fact

Back 22

what really happened in regard to the dispute being tried

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question of law

Back 23

the application or interpretation of the law

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federal court system includes...

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1. U.S. district courts

2. U.S. courts of appeals

3. the U.S. supreme court

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writ of certiorari

Back 25

an order issued by the supreme court to a lower court requiring the latter to send it the record of the case for review.

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rule of four

Back 26

the court will not issue a writ unless at least four of the nine justices approve of it

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pro se representation

Back 27

parties are allowed to represent themselves

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FRCP =

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Federal Rules of Civil Procedure

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litigation process has three phases

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pretrial, trial, and posttrial

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discovery

Back 30

the process of obtaining information from the opposing party or from witnesses prior to trial

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pleadings

Back 31

statements made by the plaintiff and the defendant in a lawsuit that detail the facts, charges, and defenses involved in the litigation. the complaint and answer are part of the pleadings

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complaint

Back 32

the pleading made by a plaintiff alleging wrongdoing on the part of the defendant; the document that, when filed with a court, initiates a lawsuit

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service of process

Back 33

formally notifying the defendant of a lawsuit

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summons

Back 34

a notice requiring the defendant to appear in court and answer the complaint

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default judgement

Back 35

a judgment entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff's claim

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answer

Back 36

the defendant either admits or denies each of the allegations in the plaintiff's complaint and may also set forth defenses to those allegations.

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affirmative defense

Back 37

a response to a plaintiff's claim that does not deny the plaintiff's facts but attacks the plaintiff's legal right to bring an action

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counterclaim

Back 38

a claim made by a defendant in a civil lawsuit that in effect sues the plaintiff

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motion

Back 39

a procedural request submitted to the court by an attorney on behalf of her or his client

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notice of motion

Back 40

informs the opposing party that the motion has been filed

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pretrial motion

Back 41

a written or oral application to a court for a ruling or order, made before trial

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motion to dismiss

Back 42

a pleading in which a defendant asserts that the plaintiff's claim fails to state a cause of action (has no basis in law) or that there are other grounds on which a suit should be dismissed

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motion for judgment on the pleadings

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asks the court to decide the issue solely on the pleadings without proceeding to trial

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motion for summary judgment

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asks the court to grant a judgment in that party's favor without a trial

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affidavits

Back 45

sworn statements by parties or witnesses

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admissible evidence

Back 46

evidence that the court would allow to be presented during the trial

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deposition

Back 47

sworn testimony by a party to the lawsuit or by any witness, recorded by an authorized court official

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impeach

Back 48

challenge the credibility

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interrogatories

Back 49

which are written questions for which written answers are repaired and then signed under oath

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metadata

Back 50

data about data

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pretrial conference

Back 51

a conference, scheduled before the trial begins, between the judge and the attorneys litigating the suit. the parties may settle the dispute, clarify the issues, schedule discovery, and so on during the conference

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voir dire

Back 52

"to see, to speak"

the process in which the attorneys question prospective jurors to determine whether they are biased or have any connection with a party to the action or with a prospective witness

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opening statements

Back 53

a statement made to the jury at the beginning of a trial by a party's attorney, prior to the presentation of evidence. the attorney briefly outlines the evidence that will be offered and the legal theory that will be pursued

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rules of evidence

Back 54

rules governing the admissibility of evidence in trial courts

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relevant evidence

Back 55

evidence that tends to prove or disprove a fact in question or to establish the degree of probability of a fact or action

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hearsay

Back 56

testimony someone gives in court about a statement made by someone else who was not under oath at the time of the statement.

it is what someone heard someone else say

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direct examination

Back 57

the examination of a witness by the attorney who calls the witness to the stand to testify on behalf of the attorney's client

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cross-examination

Back 58

the questioning of an opposing witness during a trial

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expert witness

Back 59

a person who, by virtue of education, training, skill, or experience, has scientific, technical, or other specialized knowledge in a particular area beyond that of an average person

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motion for a judgment as a matter of law

(motion for a directed verdict)

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in a federal court, a party's request that the judge enter a judgment in her or his favor before the case is submitted to a jury because the other party has not presented sufficient evidence to support the claim

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rebuttal

Back 61

the refutation of evidence introduced by an adverse party's attorney

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rejoinder

Back 62

the defendant's answer to the plaintiff's rebuttal

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closing argument

Back 63

attorney summarizes the facts and evidence presented during the trial and indicates why the facts and evidence support his or her client's claim

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verdict

Back 64

a formal decision made by a jury

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motion for a new trial

Back 65

a motion asserting that the trial was so fundamentally flawed (because of error, newly discovered evidence, prejudice, or other reason) that a new trial is necessary to prevent a miscarriage of justice

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motion for a judgment n.o.v.

Back 66

a motion requesting the court to grant judgment in favor of the party making the motion on the ground that the jury verdict against him or her was unreasonable and erroneous.

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brief

Back 67

a formal legal document outlining the facts and issues of the case, the judge's rulings or jury's findings that should be reversed or modified, the applicable law, and arguments on the defendants behalf

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writ of execution

Back 68

an order directing the sheriff to seize and sell the defendant's nonexempt assets or property