Vocab 3

Question 1

The process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch.

Answer 1

Judicial Review

Question 2

The authority of court to hear and decide a specific case.

Answer 2

Jurisdiction

Question 3

A state statute that permits a state to exercise jurisdiction over nonresidential defendants.

Answer 3

Long Arm Statute

Question 4

A state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person’s estate.

Answer 4

Probate Court

Question 5

A federal court of limited jurisdiction that handles only bankruptcy proceedings, which are governed by federal bankruptcy law.

Answer 5

Bankruptcy Court

Question 6

A question that pertains to the U.S. Constitution, an act of Congress, or a treaty and provides a basis for federal jurisdiction in a case.

Answer 6

Federal Question

Question 7

A basis for federal court jurisdiction over a lawsuit between citizens of different states or a lawsuit involving a U.S. citizen and a citizen of a different country.

Answer 7

Diversity of Citizenship

Question 8

Jurisdiction that exists when two different courts have the power to hear a case.

Answer 8

Concurrent Jurisdiction

Question 9

Jurisdiction that exists when a case can be heard only in a particular court or type of court.

Answer 9

Exclusive Jurisdiction

Question 10

The geographic district in which a legal action is tried and from which the jury is selected.

Answer 10

Venue

Question 11

The legal requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit.

Answer 11

Standing to Sue

Question 12

A controversy that is not hypothetical or academic but real and substantial; a requirement that must be satisfied before a court will hear a case.

Answer 12

Justiciable Controversy

Question 13

A special court in which parties can litigate small claims without an attorney.

Answer 13

Small Claims Court

Question 14

In a lawsuit, an issue that involves only disputed facts, and not what the law is on a given point.

Answer 14

Question of Fact

Question 15

In a lawsuit, an issue involving the application or interpretation of a law.

Answer 15

Question of Law

Question 16

A writ from a higher court asking a lower court for the record of a case.

Answer 16

Writ of Certiorari

Question 17

A rule of the United States Supreme Court under which the court will not issue a writ of certiorari unless at least four justices approve of the decision to issue the writ.

Answer 17

Rule of Four

Question 18

The process of resolving a dispute through the court system.

Answer 18

Litigation

Question 19

Statements by the plaintiff and the defendant that detail the facts, charges, and defenses of a case.

Answer 19

Pleadings

Question 20

The pleading made by a plaintiff alleging wrongdoing on the part of the defendant. When filed with a court, this initiates a lawsuit.

Answer 20

Complaint

Question 21

The delivery of the complaint and summons to a defendant.

Answer 21

Service of Process

Question 22

A document informing a defendant that a legal action has been commenced against her or him and that the defendant must appear in court on a certain date to answer the plaintiff’s complaint.

Answer 22

Summons

Question 23

A judgement entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff’s claim.

Answer 23

Default Judgement

Question 24

Procedurally, a defendant’s response to the plaintiff’s complaint.

Answer 24

Answer

Question 25

A claim made by a defendant in a civil lawsuit against the plaintiff. In effect, the defendant is suing the plaintiff.

Answer 25

Counterclaim

Question 26

Procedurally, a plaintiff’s response to a defendant’s answer.

Answer 26

Reply

Question 27

A pleading in which a defendant admits the facts as alleged by the plaintiff but asserts that the plaintiff’s claim to state a cause of action has no basis in law.

Answer 27

Motion to Dismiss

Question 28

A motion by either party to a lawsuit at the close of the pleadings requesting the court to decide the issue solely on the pleadings without proceeding to trial. The motion will be granted only if no facts are in dispute.

Answer 28

Motion for Judgement on the Pleadings

Question 29

A motion requesting the court to enter a judgement without proceedings to trial. The motion can be based on evidence outside the pleadings and will be granted only if no facts are in dispute.

Answer 29

Motion for Summary Judgement

Question 30

A method by which the opposing parties obtain information from each other to prepare for trial.

Answer 30

Discovery

Question 31

The testimony of a party to a lawsuit or a witness taken under oath before a trial.

Answer 31

Deposition

Question 32

A series of written questions for which written answers are prepared by a party to a lawsuit, usually with the assistance of the party’s attorney, and then signed under oath.

Answer 32

Interrogatories

Question 33

A type of evidence that consists of computer-generated or electronically recorded information.

Answer 33

E-Evidence

Question 34

Data that are automatically recorded by electronic devices and provide information about who created a file and when, and who accessed, modified, and transmitted the file on their hard drives. Can be described as data about data.

Answer 34

Metadata

Question 35

An important part of the jury selection process in which the attorneys question prospective jurors about their backgrounds, attitudes, and biases as ascertain whether they can be impartial jurors.

Answer 35

Voir Dire

Question 36

A motion for the judge to take the decision out of the hands of the jury and to direct a verdict for the party making the motion on the ground that the other party has not produced sufficient evidence to support her or his claim.

Answer 36

Motion for a Directed Verdict

Question 37

The monetary compensation given to a party at the end of a trial or other proceeding.

Answer 37

Award

Question 38

A motion requesting the court to grant judgement in favor of the party making the motion on the ground that the jury’s verdict against him or her was unreasonable and erroneous.

Answer 38

Motion for Judgement n.o.v.

Question 39

A motion asserting that the trial was so fundamentally flawed (because of error, newly discovered evidence, prejudice, or another reason) that a new trial is necessary to prevent a miscarriage of justice.

Answer 39

Motion for a New Trial

Question 40

A written summary or statement prepared by one side in a lawsuit to explain its case to the judge.

Answer 40

Brief

Question 41

The list of cases entered on a court’s calendar and thus scheduled to be heard by the court.

Answer 41

Docket

Question 42

The resolution of disputes in ways other than those involved in the traditional judicial process, such as negotiation, mediation, and arbitration.

Answer 42

Alternative Dispute Resolution (ADR)

Question 43

A process in which parties attempt to settle their dispute informally, with or without attorneys to represent them.

Answer 43

Negotiation

Question 44

A method of settling disputes outside the courts by using the services of a neutral third party, who acts as a communicating agent between the parties and assists them in negotiating a settlement.

Answer 44

Mediation

Question 45

The settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a decision.

Answer 45

Arbitration

Question 46

A clause in a contract that provides that, in the event of a dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court.

Answer 46

Arbitration Clause

Question 47

A method of settling disputes by holding a trial in which the jury’s verdict is not binding but instead guides the parties toward reaching an agreement during the mandatory negotiations that immediately follow.

Answer 47

Summary Jury Trial (SJT)

Question 48

The resolution of disputes with the assistance of organizations that offer dispute-resolution services via the internet.

Answer 48

Online Dispute Resolution (ODR)