Litigation Ch. 3 Flashcards
Appellant
An aggrieved party who appeals to a higher court to review the proceedings of the trial courts order or judgment on the grounds that the trial court committed an error of the law or procedural errors that adversely affected the outcome.
Advisory Jury
In cases where the plaintiff seeks equitable relief and the judge is responsible for determining the facts, the judge may empanel an advisory jury which is selected and acts like any other Pettit jury, expect the judge is not required to accept or use the verdict.
Appellee
A party against whom an appeal is taken.
Courts of general jurisdiction
Courts that have the broadest subject matter jurisdiction.
Diversity of citizenship
A basis for federal district courts obtain jurisdiction of a civil lawsuit when the amount is controversy exceeds $75,000.
Equitable relief
Redress provided by a court other than money damages.
General verdict with interrogatories
A general verdict in which the jury finds for the plaintiff or defendant and, in addition, must answer specific questions about the facts of the case.
Injunctive relief
An order issued by a court ordering someone to do something or prohibiting some act after a court hearing.
Magistrate judge
A federal magistrate judge has authority to hear and determine pretrial motions, to conduct hearings, including evidentiary hearings, and to submit to the supervising judge proposed findings of facts, conclusions of law, and recommendations for dispositions of pending matters.
Personal jurisdiction
A courts jurisdiction or authority over a person, obtained, through due process.
Petit jury
A jury that tries the facts in a civil action.
Subject matter jurisdiction
Jurisdiction over the type case and the subject of the litigation.
Veniremen
A person who has been selected to undergo questioning to determine whether she or he may qualify to sit on petit jury.
Venue
The judicial district in which an action is brought for trial and that is to furnish the panel of jurors.
Writ of certiorari
A writ issued by a superior court to a lower court that requires the lower court to transmit its record to the superior court so that the superior court can inspect the proceedings and determine whether any irregularities occurred.
