Legal Research And Writing For Paralegals: Ch. 1 Vocab

Front 1

advisory opinion

Back 1

Statement of potential interpretation of law in a future opinion made without real case facts at issue.

Front 2

appellant

Back 2

The party filing the appeal; that is, bringing the case to the appeals court.

Front 3

appellate jurisdiction

Back 3

Power of a court to hear challenges from a lower court.

Front 4

appellee

Back 4

The prevailing party in the lower court, who will respond to the appellant's argument.

Front 5

bankruptcy appellate panel

Back 5

Panel that hears an initial bankruptcy appeal.

Front 6

bankruptcy courts

Back 6

Federal courts of exclusive jurisdiction to hear cases regarding debtors.

Front 7

Bill of Rights

Back 7

Sets forth the fundamental individual rights that government and law function to preserve and protect; the first ten amendments to the Constitution of the United States.

Front 8

cause of action

Back 8

A personal, financial, or other injury for which the law gives a person the right to receive compensation.

Front 9

civil law

Back 9

The legal rules regarding offenses committed against the person.

Front 10

compensatory damages

Back 10

A payment to make up for a wrong committed and return the nonbreaching party to a position where the effect or the breach has been neutralized.

Front 11

concurrent jurisdiction

Back 11

Jurisdiction over the subject matter exists in both state and federal court, unless statutorily prohibited.

Front 12

court

Back 12

Place where parties have problems resolved.

Front 13

Court of International Trade

Back 13

Part of the federal lower-court level authorized to hear matters related to international trade agreements and disputes.

Front 14

criminal law

Back 14

The legal rules regarding wrongs committed against society.

Front 15

debtor

Back 15

One of the parties in a bankruptcy action who owes money to creditors.

Front 16

defendant

Back 16

The party against whom a lawsuit is brought.

Front 17

diversity of citizenship jurisdiction

Back 17

Federal jurisdiction conferred when the case involves citizens of different states.

Front 18

docket

Back 18

A court's caseload.

Front 19

en banc

Back 19

Appellate review by the entire circuit appeals judiciary after review by the intermediate panel.

Front 20

equitable relief

Back 20

A remedy that is other than money damages, such as refraining from or performing a certain act; nonmonetary remedies fashioned by the court using standards of fairness and justice. Injunction and specific performance are types of equitable relief.

Front 21

equitable remedy

Back 21

Nonmonetary damages, such as an injunction.

Front 22

ex parte

Back 22

A communication between one party in a lawsuit and the judge.

Front 23

exclusive jurisdiction

Back 23

Only one court has the authority to hear the specific case; for example, only a federal court can decide a bankruptcy case.

Front 24

executive privilege

Back 24

Special protection afforded communications of the president.

Front 25

family court

Back 25

Court of limited jurisdiction that hears cases such as divorce, custody, and child support.

Front 26

federal question jurisdiction

Back 26

The jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution or acts of Congress.

Front 27

Federal Rules of Civil Procedure (Fed. R. Civ. P.)

Back 27

The specific set of rules followed in the federal courts.

Front 28

Federal Rules of Criminal Procedure (Fed. R. Crim. P.)

Back 28

Rules governing the procedural issues in criminal prosecutions.

Front 29

Federal Rules of Evidence

Back 29

The procedure for the introduction of evidence in a federal legal proceeding.

Front 30

fraud

Back 30

A knowing and intentional misstatement of the truth in order to induce a desired action from another person.

Front 31

general jurisdiction

Back 31

The court is empowered to hear any civil or criminal case.

Front 32

habeas corpus

Back 32

A writ employed to bring a person before a court, most frequently to ensure that the party's imprisonment or detention is not illegal.

Front 33

jurisdiction

Back 33

The power or authority of the court to hear a particular classification of case. Also, the place or court that may hear a case, based on subject matter and/or geographic area.

Front 34

judge

Back 34

Trier of law.

Front 35

jury

Back 35

Trier of fact.

Front 36

juvenile court

Back 36

Court of limited jurisdiction that hears cases involving minors.

Front 37

injunction

Back 37

A court order that requires a party to refrain from acting in a certain way to prevent harm to the requesting party.

Front 38

lawsuit

Back 38

A legal mechanism to resolve disputes between parties.

Front 39

limited jurisdiction

Back 39

The court is empowered to hear only specified types of cases.

Front 40

magistrate judge

Back 40

A public civil officer, possessing such power-legislative, executive, or judicial-as the government appointing him may ordain.

Front 41

misrepresentation

Back 41

A reckless disregard for the truth in making a statement to another in order to induce a desired action.

Front 42

monetary remedy

Back 42

Money damages.

Front 43

municipal court

Back 43

City court of limited jurisdiction that hears cases such as traffic violations and violations of city ordinances.

Front 44

original jurisdiction

Back 44

Authority of a court to review and try a case first.

Front 45

PACER

Back 45

Federal court online document system. Stands for Public Access to Court Electronic Records.

Front 46

personal jurisdiction

Back 46

A court's power over the individuals involved in the case; when a court has personal jurisdiction, it can compel attendance at court hearings and enter judgments against the parties.

Front 47

plaintiff

Back 47

The party initiating legal action.

Front 48

probate court

Back 48

The court empowered to settle estates for those individuals who have died with or without a will.

Front 49

prosecutor

Back 49

Attorney representing the people or plaintiff in criminal matters.

Front 50

punitive damages

Back 50

An amount of money awarded to a nonbreaching party that is not based on the actual losses incurred by that party, but as a punishment to the breaching party for the commission of an intentional wrong.

Front 51

small claims court

Back 51

Court whose jurisdiction is generally limited by monetary ceilings.

Front 52

special prosecutor

Back 52

Specially appointed government attorney.

Front 53

standing

Back 53

Legally sufficient reason and right to object.

Front 54

statute of limitations

Back 54

Establishes the applicable time limits for filing and responding to certain claims or legal actions.

Front 55

subject matter jurisdiction

Back 55

A court's authority over the res, the subject of the case.

Front 56

trial courts

Back 56

Courts that hear all cases and are courts of general jurisdiction.

Front 57

U.S. circuit courts of appeals

Back 57

Appeals courts in the federal system.

Front 58

U.S. Constitution

Back 58

The fundamental law of the United States of America, which became the law of the land in March of 1789.

Front 59

U.S. Court of Federal Claims

Back 59

Part of the lower or trial court level of the federal court system in which disputes with the U.S. government are heard.

Front 60

U.S. district courts

Back 60

Trial or lower court level in the federal system.

Front 61

writ of certiorari

Back 61

Granting of petition, by the U.S. Supreme Court, to review a case; request for appeal where the Court has the discretion to grant or deny it.