Introduction to the Court System

Question 1

plantiff

Answer 1

The pary initiating legal action.

Question 2

defandant

Answer 2

The party against whom a lawsuit is brought.

Question 3

style (caption)

Answer 3

The heading or title used in all legal pleadings.

Question 4

complaint

Answer 4

Document that states the allegations and the legal basis of the plaintiff’s claims.

Question 5

petition

Answer 5

A request made to a government entity; often used synonymously with “complaint,” though a petition is a more general term.

Question 6

answer

Answer 6

The defendant’s response to the plaintiff’s complaint.

Question 7

burden of proof

Answer 7

Standard for assessing the weight of the evidence.

Question 8

preponderance of the evidence

Answer 8

The weight or level of persuasion of evidence needed to find the defendant liable as alledged by the plaintiff in a civil matter.

Question 9

clear and convincing evidence

Answer 9

Having a high probability of truthfulness, a higher standard being preponderance of the evidence.

Question 10

beyond a reasonable doubt

Answer 10

The requirement for the level of proof in a criminal matter in order to convince or find the defendant guilty. It is a substantially higher and more difficult-to-prove criminal matter standard.

Question 11

liability

Answer 11

A jury’s determination that one party is responsible for injuries to another party; the basis for an award of damages.

Question 12

guility

Answer 12

A verdict only available in criminal cases in which the jury determines that the defendant is responsible for committing a crime.

Question 13

damages

Answer 13

Money paid to compensate for loss or injury.

Question 14

statute

Answer 14

Written law enacted by the legislative branches of both federal and state governments.

Question 15

ordinance

Answer 15

A law passed by a local government, such as a town council or city government.

Question 16

case law

Answer 16

Published court opinions of federal and state appellate courts; judge-created law in deciding cases, set forth in court opinions.

Question 17

common law

Answer 17

Judge-made law, the ruling in a judicial opinion.

Question 18

jurisdiction

Answer 18

The power or authority of the court to heat a particular classification of case.

Question 19

subject matter jurisdiction

Answer 19

A court’s authority over the res, the subject of the case.

Question 20

general jurisdiction

Answer 20

The court is empowered to hear any civil or criminal case.

Question 21

limited jurisdiction

Answer 21

The court is empowered to hear only specified types of cases.

Question 22

personal jurisdiction

Answer 22

The court’s power over the individuals involved in the case; when a court has personal jurisdiction, it can compel attendance at court hearings and enter judgments against the parties.

Question 23

forum

Answer 23

The proper legal site or location.

Question 24

domicile

Answer 24

The place where a person maintains a physical residence with the intent to permanently remain in that place; citizenship; the permanent home of the party.

Question 25

in rem jurisdiction

Answer 25

A court’s authority over claims affecting property.

Question 26

certiorari

Answer 26

“To make sure” An appellate court’s authority to decide which cases it will hear on appeal.