Chapter 1: Foundations For Litigation Flashcards
What is Alienage Jurisdiction?
A diversity jurisdiction involving foreign states and their citizens or subjects.
What is an Associate?
Attorneys who are salaried in a law firm.
What are Billable Hours?
The time spent on a client’s case that can be billed to the client.
What is Civil Litigation?
The process whereby one person sues another person in a court of law to enforce a right or to seek a remedy such as financial compensation.
What is a Class Action?
Lawsuit filed by individuals with a common interest.
What is Concurrent Jurisdiction?
Two courts having the ability to hear the same type of case.
What is Diversity of Citizenship?
Jurisdictional requirement for U.S. District Court that parties of a lawsuit be citizens of different states.
What is a Domicile?
A person’s true, permanent home.
What are Federal Questions?
All civil actions arising under the Constitution, laws, or treaties of the United States.
What is General Jurisdiction?
Ability of court to hear all types of cases.
What is In Rem (Property) Jurisdiction?
Jurisdiction over property.
What is Jurisdiction?
The power or authority of a court to hear and decide the questions of law or fact (or both) presented by a lawsuit.
What is the Jurisdictional Amount (Amount in Controversy)?
Specific dollar amount that must be claimed in an action to meet jurisdictional minimum of a given court.
What are Long-Arm Statutes?
Statutes that identify circumstances where a person from another jurisdiction can be held accountable in that jurisdiction.
What is Malpractice?
Legal negligence that causes harm to a client for which an attorney or law firm may be sued.
What is a Multijurisdictional Practice?
The provision of legal services in states other than the one for which the attorney is licensed.
What is Personal Jurisdiction?
A courts’ power to hear a case against a person.
What is Pro Hace Vice?
An application by licensed attorneys to practice for a limited purpose in another jurisdiction where they are not licensed.
What is a Subject Matter Jurisdiction?
Jurisdiction defined by nature or subject of the type of lawsuit handled by a court.
What is a Summons?
A document issued by the court that informs the defendant of the action and requires the defendant to respond or appear by or at a designated time; when served, gives the court personal jurisdiction over the defendant.
What is Supplemental Jurisdiction?
The power of federal courts already having jurisdiction over a federal claim to hear a state claim and add parties if that claim is based on essentially the same facts as the federal claim.
What is a Venue?
Means literally “neighborhood”; the geographical area in which a court with jurisdiction can hear a case; distinct from jurisdiction.
What is a Writ of Certiorari?
A discretionary writ that allows the U.S. Supreme Court to take only cases that, in its opinion, have sufficient national significance to warrant its attention.
