Introduction to the Court System Flashcards
plantiff
The pary initiating legal action.
defandant
The party against whom a lawsuit is brought.
style (caption)
The heading or title used in all legal pleadings.
complaint
Document that states the allegations and the legal basis of the plaintiff’s claims.
petition
A request made to a government entity; often used synonymously with “complaint,” though a petition is a more general term.
answer
The defendant’s response to the plaintiff’s complaint.
burden of proof
Standard for assessing the weight of the evidence.
preponderance of the evidence
The weight or level of persuasion of evidence needed to find the defendant liable as alledged by the plaintiff in a civil matter.
clear and convincing evidence
Having a high probability of truthfulness, a higher standard being preponderance of the evidence.
beyond a reasonable doubt
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.
liability
A jury’s determination that one party is responsible for injuries to another party; the basis for an award of damages.
guility
A verdict only available in criminal cases in which the jury determines that the defendant is responsible for committing a crime.
damages
Money paid to compensate for loss or injury.
statute
Written law enacted by the legislative branches of both federal and state governments.
ordinance
A law passed by a local government, such as a town council or city government.
case law
Published court opinions of federal and state appellate courts; judge-created law in deciding cases, set forth in court opinions.
common law
Judge-made law, the ruling in a judicial opinion.
jurisdiction
The power or authority of the court to heat a particular classification of case.
subject matter jurisdiction
A court’s authority over the res, the subject of the case.
general jurisdiction
The court is empowered to hear any civil or criminal case.
limited jurisdiction
The court is empowered to hear only specified types of cases.
personal jurisdiction
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.
forum
The proper legal site or location.
domicile
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.
