Introduction to Civil Litigatioin

Question 1

Civil Litigation

Answer 1

The process of resolving private disputes through the court system

Question 2

Trial

Answer 2

A court proceeding in which parties to a lawsuit present their evidence to a judge or jury and the judge or jury makes a decision in favor of one party

Question 3

Substantive laws

Answer 3

laws that determine parties’ right and obligation as opposed to the procedures used to enforce those rights.

Question 4

Procedural laws

Answer 4

laws that set forth legal procedures or methods used by parties to enforce their right or to oppose claims made against them

Question 5

Criminals laws

Answer 5

laws that prohibit conduct that society deems harmful and provide for punishment in the form of jail, fines, or probation.

Question 6

Criminal Procedure

Answer 6

The rules that apply in a criminal case and determine how a criminal case proceeds through the legal system; these are based on federal and state constitutions, codes, rules of court, and cases.

Question 7

Civil Law

Answer 7

Laws dealing with private disputes between parties.

Question 8

Plaintiff

Answer 8

the party who initiates a civil or criminal lawsuit in court

Question 9

Defendant

Answer 9

the party who is sued in either a civil or criminal case

Question 10

complaint

Answer 10

usually the first document filed in court in connection with a lawsuit; this sets forth the allegations or contentions of the plaintiff and states the basis for the action and the type of relief requested from the court.

Question 11

Petition

Answer 11

An initial document filed with the court asking the court for some order. Sometimes petitions are filed in conjunction with a complaint (e.g., asking the court to appoint a guardian for a party who cannot files a lawsuit); sometimes petitions are filed in lieu of a complaint (e.g., in certain jurisdictions petitions and not complaints are used in divorce cases)

Question 12

Answer

Answer 12

The initial pleading filed by the defendant in a lawsuit, contesting the factual and/or legal basis for the lawsuit

Question 13

default

Answer 13

Failure to file an answer or other responsive pleading within the proper time; can eventually lead to a default judgement

Question 14

judgment

Answer 14

in a civil court action, the final decision from the trial court

Question 15

discovery

Answer 15

in a civil case, the procedures by which all parties have the right to obtain information from other parties, and in some cases from witnesses; includes such procedures as depositions, interrogatories, and production of documents.

Question 16

motions

Answer 16

A request that a judge make a ruling or take some other action, most often in connection with a pending lawsuit

Question 17

writ of execution

Answer 17

a court order authorizing the seizure and sale of a person’s property to satisfy a judgement against that party.

Question 18

Alternative Dispute Resolution (ADR)

Answer 18

Ways to resolve a civil dispute without resort to a legal action

Question 19

Negotiation (negotiate)

Answer 19

discussion between opposing parties in an attempt to settle a case; usually involving compromise by both sides

Question 20

Settlement

Answer 20

An agreement that resolves a dispute without the necessity of a court action

Question 21

Mediation

Answer 21

A nonbinding process in which a neutral third party helps disputing parties reach a settlement

Question 22

Mediator

Answer 22

The neutral third person who facilitates the mediation process.

Question 23

Arbitration

Answer 23

An out-of-court process in which disputing parties present their case to a neutral third person who listens to evidence from each disputing party and makes a decision; the decision is sometimes binding and sometimes not binding.

Question 24

Arbitrator

Answer 24

The neutral third party who presides over the arbitration process and makes a decision.

Question 25

Primary Sources

Answer 25

Print or electronic publications that contain the actual law (i.e., case reporters, codes, and constitutions)

Question 26

Secondary sources

Answer 26

Print or electronic publications about the law, such as articles, treatises, and encyclopedias; these are not binding on a court

Question 27

Local rules of court

Answer 27

Rules that are adopted by individual courts and apply only in those courts

Question 28

Form book

Answer 28

books containing sample forms for legal professionals to follow in preparing pleadings and other documents

Question 29

cloud computing

Answer 29

electronic file storage where files are stored on the internet rather than on the office computer

Question 30

trial court

Answer 30

A court where the parties to a lawsuit file their pleadings and present evidence to a judge or jury

Question 31

lower courts

Answer 31

another term for a trial court

Question 32

Jurisdiction

Answer 32

the power that a court has to hear a particular case; requires that a court has the power to hear the type of case (subject matter) and that a court has power to render a decision against a particular defendant (personal) or over property (in rem)

Question 33

original jurisdiction

Answer 33

the power of a court to conduct a trial in a case; confers a court the right to be the first court to hear the matter

Question 34

court of appeals

Answer 34

a court of review; this court reviews decisions from a trial court

Question 35

briefs

Answer 35

a written analysis of the facts and law related to a case, written by the attorneys handling the case, and filed in a trial or appellate court. Briefs are also filed in the Supreme Court

Question 36

Legal error

Answer 36

a mistake in the way the court interprets or applies the law

Question 37

appellate jurisdiction

Answer 37

the power of a court to review the decision of a lower court or administrative agency

Question 38

higher courts

Answer 38

another term for a court with appellate jurisdiction

Question 39

affirm

Answer 39

an appellate court’s upholding of the lower court’s decision

Question 40

revers

Answer 40

the act of an appellate court setting aside the decision of a lower court

Question 41

remand

Answer 41

the act of an appellate court sending a case back to the lower court after reversing a decision, often with specific instructions as to how the lower court must deal with the case.

Question 42

supreme court

Answer 42

a name given to the highest court in the federal court system and to many, but not all, of the highest court in state court systems

Question 43

certiorari

Answer 43

a term used in connection with appellate proceedings indicating that the reviewing court wants the lower court to send the higher court its record, so that the proceedings can be reviewed. When parties ask the U.S. Supreme Court to hear a case, they often file a petition for writ of certiorari, which, if granted, means that the Supreme Court will review the record in the case.

Question 44

subject matter jurisdiction

Answer 44

the authority that a court has to hear a particular type of case

Question 45

personal jurisdiction

Answer 45

the power or authority of the court to make a ruling affecting the parties before the court

Question 46

in rem jursidiction

Answer 46

the authority of a court to hear a case based on the fact that property, which is the subject of a lawsuit, is located within the state in which the court is situated

Question 47

quasi in rem jurisdiction

Answer 47

authority of a court to hear a case based on the fact that the defendant owns property that is located within the state, even though that property is not the subject of the lawsuit.

Question 48

diversity of citizenship

Answer 48

when no plaintiff and no defendant are citizens of the same state and the amount in controversy exceeds $75,000 or when one party is a citizen of a state and the other is a citizen of a foreign state.

Question 49

exclusive jurisdiction

Answer 49

power or authority to hear a case that belongs to one court system only

Question 50

concurrent jurisdiction

Answer 50

power or authority of more than one court system to hear a case

Question 51

removal

Answer 51

generally, the transfer of a case from a state court to a federal court where concurrent jurisdiction exists and the case was initially filed in a state court.

Question 52

supplemental jurisdiction

Answer 52

a federal court’s right to decide a claim based on a non federal issue if this claim depends on the same set of facts as does a federal claim in the case before the court.

Question 53

long-arm statutes

Answer 53

a state law that defines the right of state courts to exercise jurisdiction over nonresident defendants.

Question 54

general appearance

Answer 54

either a physical appearance or filing of documents in a court, without specifically limiting the purpose of the appearance; a general appearance confers personal jurisdiction on the court on the party appearing

Question 55

special appearance

Answer 55

an appearance in court (either in person or by filing documents) for a limited purpose, often contesting jurisdiction.

Question 56

motion to quash service of summons

Answer 56

a request that the court declare that service of the complaint and summons is invalid either because the court lacks jurisdiction over the defendant or because of some procedural problem with the service itself

Question 57

attachment

Answer 57

seizing property pursuant to a court order and giving the court the right to make orders regarding disposition of the property

Question 58

venue

Answer 58

among all the courts that have jurisdiction, venue defines the specific geographical location of the court or courts where and action should be brought. in the federal system, this determines which is the proper district. In state court systems, this often determines the proper county or counties.