Chapter 2 continued Flashcards
Standing to sue
The plaintiff must have some stake in the outcome of the lawsuit
Jurisdiction
The authority of a court to hear a case
Subject matter jurisdiction
Jurisdiction over the subject matter of a lawsuit
In personam jurisdiction OR personal jurisdiction
Jurisdiction over the parties to a lawsuit
Service of process
A summons being served on the defendant to obtain personal jurisdiction over him/her
In rem jurisdiction
Jurisdiction to hear a case because of jurisdiction over the property lawsuit
Quasi in rem jurisdiction OR attachment jurisdiction
Jurisdiction allowed a plaintiff who obtains a judgment in one state to try to collect the judgement by attaching property of the defendant located in another state
Long-arm statute
A statute that extends a state’s jurisdiction to nonresidents who were not served a summons within the state;
Persons who have (1) committed torts within the state, (2) entered into a contract either in the state or that affects the state, or (3) transacted other business in the state that allegedly caused injury to another person.
Forum-selection clause
A contract provision that designates a certain court to hear any dispute concerning nonperformance of the contract
Venue
A concept that requires lawsuits to be heard by the court with jurisdiction that is nearest the location in which the incident occurred or where the parties reside
Pleadings
The paperwork that is filed with the court to initiate and respond to a lawsuit
Complaint
The document the plaintiff files with the court and serves on the defendant to initiate a lawsuit
Summons
A court order directing the defendant to appear in court and answer the complaint
Answer
The defendant’s written response to the plaintiff’s complaint, which is filed with the court and served on the plaintiff
Cross-complaint
A document filed by the defendant against the plaintiff to seek damages or some other remedy
Reply
A document filed by the original plaintiff to answer the defendant’s cross-complaint
Intervention
The act of others joining as parties to an existing lawsuit
Consolidation
The act of a court to combine two or more separate lawsuits into one lawsuit
Statute of limitations
Establishes the period during which a plaintiff must bring a lawsuit against a defendant
Discovery
A legal process during which both parties engage in various activities to discover facts of the case from the other party and witnesses prior to trial
Deposition
The oral testimony given by a party or witness prior to trial. The testimony is given under oath and is transcribed
Deponent
The party who gives his or her deposition
Interrogatories
Written questions submitted by one party to a lawsuit to another party. The questions must be answered in writing within a stipulated time
Production of documents
A request by one party to another party to produce all documents relevant to the case prior to the trial
