Chapter 4 - Parties and Jurisdiction - Terminology

Question 1

The authority of a federal court to hear certain types of pleadings involving claims that do not have an independent basis for federal jurisdiction. Arises whenever a plaintiff has a proper claim and another party wishes to fil a counterclaim, cross-claim or third-party complaint but the latter claim does not have an independent jurisdictional basis.

Answer 1

Ancillary jurisdiction

Question 2

A claim that has been transferred to another person or entity. In such a case, the assignee has a right to sue in the assignee’s own name.

Answer 2

Assignment

Question 3

Determining in which court a complaint should be filed

Answer 3

Choice-of-law decisions

Question 4

A requirement that each plaintiff have a different state of citizenship from each defendant

Answer 4

Complete diversity

Question 5

A legal entity composed of shareholders who own the entity but whose existence is separate and distinct from the entity. Shareholders generally cannot be held liable for the obligations of the corporation..

Answer 5

Corporation

Question 6

The power of the federal court to hear controversies between citizens of different state. In order for the federal court districts to have jurisdiction, “complete diversity” must exist.

Answer 6

Diversity Jurisdiction

Question 7

The permanent residence of a natural person. No person can have more than one domicile at one time.

Answer 7

Domicile

Question 8

A constitutional doctrine requiring fairness in judicial proceedings

Answer 8

Due Process

Question 9

The state where a lawsuit is being brought

Answer 9

Forum State

Question 10

A person appointed by the court to represent another, usually a minor or incompetent, in a lawsuit. Can sue or be sued in behalf of the person.

Answer 10

Guardian ad litem

Question 11

When the plaintiff files a complaint in the wrong geographic district

Answer 11

Improper venue

Question 12

when the plaintiff files a complaint in a proper district but a district that is not convenient for the defendant or witnesses

Answer 12

Inconvenient venue

Question 13

a court’s power to personally bind the parties to the court’s judgment

Answer 13

In personam jurisdiction

Question 14

court’s power to adjudicate rights in property located within the state in which the court sits

Answer 14

In rem jurisdiction

Question 15

The ability of a person, not a party to the lawsuit, to become a party to the lawsuit when such person has an interest in the outcome of the lawsuit

Answer 15

Intervention

Question 16

The bringing together in one lawsuit the different claims that a party may have against another party

Answer 16

Joinder of claims

Question 17

The bringing together of different parties in one lawsuit. Under rules 19 and 20 FRCP, the plaintiff must determine which parties must, should or can be brought into the lawsuit so that the plaintiff’s claim can be properly decided.

Answer 17

Joinder of parties

Question 18

The ability of a court to exercise jurisdiction over a defendant who is outside the geographical boundaries of the court

Answer 18

Long-arm statutes

Question 19

Sufficient contact by a defendant with the state attempting to exercise jurisdiction over the defendant

Answer 19

Minimum contacts

Question 20

A person, group of persons or legal entity that has the right to bring or defend a legal case

Answer 20

Parties to an action

Question 21

Legal entity created by two or more individuals who carry on a business and divide any profit or loss of the business

Answer 21

Partnership

Question 22

Jurisdiction by the federal court over nonfederal claims when both the federal and nonfederal claims derive from a common set of facts

Answer 22

Pendent jurisdiction

Question 23

The state where a corporation conducts a majority of its business, or, if this is not certain, the state where the corporate headquarters is located.

Answer 23

Principal place of business

Question 24

Reference to actions in which the court does not have in personam jurisdiction over the defendant, but the court does have jurisdiction over particular property of the defendant that allows the court to subject that property to claims asserted by the plaintiff

Answer 24

Quasi in rem jurisdiction

Question 25

The party who, under applicable substantive law, has the right that the lawsuit seeks to enforce

Answer 25

Real party in interest

Question 26

the procedure in which a defendant may transfer a case already filed in a state court to the federal district court for the same district in which the state action is pending

Answer 26

Removal

Question 27

A Latin word referring to either real or personal property, usually in the context of in rem actions

Answer 27

Res

Question 28

The delivery of a legal document to the opposing party. Usually refers to the actual delivery of the initial pleading to the defendant

Answer 28

Service of process

Question 29

Business owned by one person and usually operated under a fictitious business name

Answer 29

Sole proprietorship

Question 30

The insulation of the government from being sued when functioning in an official government capacity, unless the government consents to being sued

Answer 30

Sovereign immunity

Question 31

The right of a person to challenge in court the conduct of another

Answer 31

Standing

Question 32

The power of the court to hear particular matters

Answer 32

Subject matter jurisdiction

Question 33

When one party becomes obligated to pay for the loss sustained by another, that party may be substituted as a proper party to collect against the wrongdoer for such loss

Answer 33

Subrogation

Question 34

Social organizations, churches, home-owner groups, etc., that operate under a common name for the common benefit of all members

Answer 34

Unincorporated association

Question 35

The geographic district where a lawsuit may properly be heard.

Answer 35

Venue