BUL 3 Flashcards
statutes
rules and regulations put forth by legislatures
stakeholders
the many groups of people affected by the firm’s decisions
in personam jurisdiction
court’s power to render a decision affecting the rights of the specific persons before the court
plaintiff
peron who files a lawsuit with the court
defendant
perons being sued
complaint
specifies the factual and legal basis for the lawsuit and the relief the plaintiff seeks
summons
the court order that notifies the defendant of the lawsuit and explains how and when to respond to the complaint
service of process
procedure by which courts persent these documents to the defendants
personal service
an officer of the court hands the summons and complaint to the defendant
long arm statues
enables the court to serve defendants outside the state as long as the defendant has sufficient minimum contacts within the state and it seems fair to assert long-arm jurisdiction over him or her
in rem jurisdiction
jurisdiction over property
quasi in rem jurisdiction (attachment jurisdiction)
jurisdiction over defendants property inrelated to the plaintiff’f claim
venue
determines which trial court in the system will hear the case
standing
a person who has the legal right to bring an action in court has standing
subject-matter jurisdiction
court’s power to hear certain kinds of cases
ripeness
a case is ripe if the judge’s decision is capable of affecting the parties immediately
case or controversy
requirement that ensures that courts do not render advisory opinions
defailt judgement
the judgement in favor of the plaintiff that occurs when the defendant fails to answer the complaint and the plaintiff’s complaint alleges facts that would support such a judgement
answer
the reponse of the defendant to a complaint
motion to dimiss
demurrer
motion
a request by a party for the court to do something
counterclaim
the defendants claim againt the plaintiff
reply
an answer to a counterclaim
discovery
the parties gather information from each other
interrogatories
written questions that one party sends to the other to answer under oath
request to produce documents
forces the opposing party to produce certain information uness it is privileged or irrelevant to the case
deposition
attorneys examine a witness under oath
pretrial conference
an informal meeting of the judge with attorneys representing the parties
voir dire
jury selection
peremptory challenges
allows a party to challenge a certain number of jurors without giving a reason
mock trials
set up by recruiting individuals who match the demographics of the real jury to listen to attorneys’ arguments and witness’s testimony
shadow jury
is like a mock trial, but they sit inside the court room to watch the actual trial. At the end of the day the shadow jury diliberates, giving the attorneys an idea of how the reall jurors are reacting to the case.
prejudicial error of law
a mistake so significant that it likely affected the outcome of the case
brief
a written argument to explain why the judgment in the lower court was erroneous and why it should be reversed
writ of certiorari
an order to the lower court to send the supreme courtthe record of the case
