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Legal Terms > Legal Terms Chapter 1 - Court Systems and Jurisdiction > Flashcards

Legal Terms Chapter 1 - Court Systems and Jurisdiction Flashcards

1
Q

Paralegal

A

A nonlawyer employee trained or educated to do substantive legal work under supervision of employing attorney.

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2
Q

Venue

A

The place where the trial is held.

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3
Q

Litigation

A

A suit at law.

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4
Q

Arrest

A

To deprive a person of his or her liberty.

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5
Q

Preliminary Hearing

A

A hearing before a judge to determine whether there is sufficient evidence to believe that the person has committed a crime.

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6
Q

Indictment

A

A formal, written charge of a crime made by a grand jury.

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7
Q

Arraignment

A

The act of calling a prisoner before the court to answer an indictment or information.

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8
Q

Process

A

The means of compelling a defendant in an action to appear in court.

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9
Q

Pleadings

A

The written statements of claims and defenses used by the parties in a lawsuit.

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10
Q

Demurrer

A

The pleading used by the defendant to attack the plaintiff’s complaint by raising a point of law, such as the failure of a complaint to state a cause of action.

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11
Q

Answer

A

The main pleading filed by the defendant in a lawsuit in response to the plaintiff’s complaint.

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12
Q

Counterclaim

A

A claim that the defendant has against the plaintiff.

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13
Q

Cross-claim

A

A claim brought by one defendant against another defendant in the same suit.

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14
Q

Cross-complaint

A

A pleading used in California by a defendant to file a claim against another defendant, a third party, and the plaintiff in the same action.

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15
Q

Discovery

A

Methods that allow each party in litigation to obtain information from the other party and from witnesses about a case before going to court.

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16
Q

Interrogatories

A

A form of discovery in a civil action in which parties are given a series of written questions to be answered under oath.

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17
Q

Jury

A

A group of people selected according to law and sworn to determine the facts of the case.

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18
Q

Jurors

A

Members of a jury.

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19
Q

Legal ethics

A

The do’s and don’ts applied in the legal profession and formalized into ethics rules.

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20
Q

Court

A

A governmental unit organized to administer justice.

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21
Q

Article

A

In a statutory framework, a discreet collection of laws on the same general topic.

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22
Q

U.S. Constitution

A

The first governing document in world history that creates a representative democracy.

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23
Q

U.S. Supreme Court

A

The highest court in the federal judicial system, created by Article III of the U.S. Constitution.

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24
Q

Federal question

A

A matter that involves the U.S. Constitution, acts of Congress, or treaties.

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25
Q

Diversity of citizenship

A

A phrase used in connection with the jurisdiction of federal courts to describe cases between citizens of different states or citizens of the U.S. and those of foreign governments/countries.

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26
Q

Bankruptcy

A

A legal process which aims to give debtors who are overwhelmed with debt a “fresh start” and to provide a fair way of distributing a debtor’s assets among all creditors.

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27
Q

Admiralty

A

Pertaining to the sea.

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28
Q

Federal district courts

A

The U.S. District Courts which hear most federal cases before an appeal.

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29
Q

Principal

A

One who authorizes another to act on one’s behalf.

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30
Q

Common law

A

The case law used in England and the American colonies before the American revolution.

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31
Q

Appellate courts

A

Courts that review the decisions of lower courts.

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32
Q

Code

A

A systematic collection of statutes, administrative regulations, and other laws.

33
Q

Circuits

A

Name given to the division of the federal court system. There are 13 circuits in the federal system.

34
Q

Justices

A

The title given to the highest appellate court judges.

35
Q

Appeal

A

The request to a higher court to review the decision of a lower court.

36
Q

Writ of certiorari

A

An order from a higher court to a lower court to deliver its records to the higher court for review.

37
Q

Cert. den.

A

What is written on a court record when a writ of certiorari is denied.

38
Q

Probate

A

To prove and have allowed by the court, usually a will.

39
Q

Courts of appeal

A

A court that reviews the decision of a lower court.

40
Q

Original jurisdiction

A

The authority to hear a case when it first goes to court.

41
Q

Appellate jurisdiction

A

The power to hear a case when it is appealed.

42
Q

Exclusive jurisdiction

A

The power of one court only to hear a particular case to the exclusion of all other courts.

43
Q

Concurrent jurisdiction

A

The power of two or more courts to decide a particular case.

44
Q

Forum non conveniens

A

The right of a court to refuse to hear a case if it believes that justice would be better served if the trial were held in a different court.

45
Q

Verdict

A

The decision of a jury.

46
Q

In personam action

A

A lawsuit in which the court has jurisdiction over the person.

47
Q

In rem action

A

A lawsuit that is directed against property rather than against a particular person.

48
Q

Action

A

Lawsuit or court proceeding.

49
Q

Real property

A

The ground and anything permanently attached to it, including land, buildings, growing trees, and airspace.

50
Q

Local action

A

A lawsuit that can only occur in one place.

51
Q

Res

A

The property.

52
Q

Defendant

A

A person against whom legal action is brought.

53
Q

Quasi in rem

A

A lawsuit in which the court has jurisdiction over the defendant’s property, but not over the defendant’s person.

54
Q

Plaintiff

A

A person who brings a legal action against another.

55
Q

Complaint

A

A formal document containing a short and plain statement of the claim, indicating that the plaintiff is entitled to relief and containing a demand for the relief sought. Called declaration at common law.

56
Q

Service of process

A

The delivering of summonses or other legal documents to the people who are required to receive them.

57
Q

Long-arm statutes

A

Statutes that allow one state to reach out and obtain personal jurisdiction over a person in another state.

58
Q

Plenary jurisdiction

A

Complete jurisdiction over both of the parties and the subject matter of the lawsuit.

59
Q

Transitory action

A

A lawsuit that may be brought in more than one place as long as the court in which it is heard has proper jurisdiction.

60
Q

Motion

A

A written or oral request made to a court for a certain action to be taken.

61
Q

Conviction

A

To be found guilty of a crime.

62
Q

Alternative dispute resolution

A

Procedures for settling disputes by means other than litigation.

63
Q

Mediation

A

An informal dispute resolution process in which a neutral, third person listens to both sides’ claims and makes suggestions for reaching a solution without having to go to trial.

64
Q

Arbitration

A

A method of settling disputes in which a neutral third party makes a decision after hearing the arguments on both sides.

65
Q

Mini-trials

A

Informal trials run by private organizations established for the purpose of settling disputes out of court.

66
Q

Negotiation

A

A two-party process in which each side attempts to conclude a dispute by bargaining with the other until one side agrees to the other’s offer or settlement.

67
Q

Third party

A

In agency law, one who deals with an agent in making a contract with the agent’s principal.

68
Q

Offer

A

A proposal to enter into a contract made by an offerer.

69
Q

Contract

A

Any agreement that is enforceable in a court of law.

70
Q

Conciliator

A

The neutral third person who does the listening in a mediation; also called a mediator.

71
Q

Caucus

A

A private session with a mediator in which the mediator learns what the interests are behind each side’s demands.

72
Q

Arbitrator

A

A neutral third party in an arbitration session who listens to both sides and makes a decision with regard to the dispute.

73
Q

Binding arbitration

A

Arbitration in which the decision of the arbitrator is final and must be followed.

74
Q

Arbitrator’s award

A

An arbitrator’s final written decision in binding arbitration.

75
Q

Nonbinding arbitration

A

Arbitration in which the arbitrator’s decision is simply a recommendation and need not be complied with.

76
Q

Mandatory arbitration

A

Arbitration that is required by agreement, or by law; also called compulsory arbitration.

77
Q

Change of venue

A

The removal of a suit begun in one county or district and the replacement of it to another county or district for trial.

78
Q

Statute

A

A written law passed by a legislative body.

Legal Terms (13 decks)

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