Chapter 2 continued

Question 1

Standing to sue

Answer 1

The plaintiff must have some stake in the outcome of the lawsuit

Question 2

Jurisdiction

Answer 2

The authority of a court to hear a case

Question 3

Subject matter jurisdiction

Answer 3

Jurisdiction over the subject matter of a lawsuit

Question 4

In personam jurisdiction OR personal jurisdiction

Answer 4

Jurisdiction over the parties to a lawsuit

Question 5

Service of process

Answer 5

A summons being served on the defendant to obtain personal jurisdiction over him/her

Question 6

In rem jurisdiction

Answer 6

Jurisdiction to hear a case because of jurisdiction over the property lawsuit

Question 7

Quasi in rem jurisdiction OR attachment jurisdiction

Answer 7

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

Question 8

Long-arm statute

Answer 8

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.

Question 9

Forum-selection clause

Answer 9

A contract provision that designates a certain court to hear any dispute concerning nonperformance of the contract

Question 10

Venue

Answer 10

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

Question 11

Pleadings

Answer 11

The paperwork that is filed with the court to initiate and respond to a lawsuit

Question 12

Complaint

Answer 12

The document the plaintiff files with the court and serves on the defendant to initiate a lawsuit

Question 13

Summons

Answer 13

A court order directing the defendant to appear in court and answer the complaint

Question 14

Answer

Answer 14

The defendant’s written response to the plaintiff’s complaint, which is filed with the court and served on the plaintiff

Question 15

Cross-complaint

Answer 15

A document filed by the defendant against the plaintiff to seek damages or some other remedy

Question 16

Reply

Answer 16

A document filed by the original plaintiff to answer the defendant’s cross-complaint

Question 17

Intervention

Answer 17

The act of others joining as parties to an existing lawsuit

Question 18

Consolidation

Answer 18

The act of a court to combine two or more separate lawsuits into one lawsuit

Question 19

Statute of limitations

Answer 19

Establishes the period during which a plaintiff must bring a lawsuit against a defendant

Question 20

Discovery

Answer 20

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

Question 21

Deposition

Answer 21

The oral testimony given by a party or witness prior to trial. The testimony is given under oath and is transcribed

Question 22

Deponent

Answer 22

The party who gives his or her deposition

Question 23

Interrogatories

Answer 23

Written questions submitted by one party to a lawsuit to another party. The questions must be answered in writing within a stipulated time

Question 24

Production of documents

Answer 24

A request by one party to another party to produce all documents relevant to the case prior to the trial

Question 25

Physical or mental examination

Answer 25

Examinations that may be ordered by a court to determine the extent of a defendant’s alleged injuries