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CIVIL LIT
Chapter 4 Vocab
19
Law
Graduate
12/11/2012

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Cards

Term
Real Party in Interest
Definition
person who has a right to sue by law beacuse he is an injured party
Term
Guardian Ad Litem
Definition
ad litem means for the purpose of the litigation a guardian is appointed for a minor child to sue.
Term
Jurisdiction
Definition
the authority of a court to hear a case and decide questions of law and fact in the case.
Term
subject matter jurisdiction
Definition
the authority of a court to hear a particular type of case
Term
limited jurisdiction
Definition
a court cannot hear every kind of case only particular types of cases
Term
Federal question jurisdiction
Definition
a conflict arising under the U.S. Constitution, laws, or treaties of U.S. then that case can be brought to the federal district court
Term
Diversity of Citizenship
Definition
in a case under USC every plaintiff must have a different citizenship than every defendant. This is also "complete diversity".
Term
Jurisdictional Amount
Definition
a specific dollar amount that must be claimed for a case to fall within the authority of the court.
Term
Proper court
Definition
term used in the state system; it is the court that traditionally hears that type of case.
Term
General Jurisdiction
Definition
court can hear any kind of case unless a court has exclusive jurisdiction.
Term
Exclusive Jurisdiction
Definition
no other court can hear that type of case
Term
Original Jurisdiction
Definition
the trial was held in that court; the authority of a court to hear the case first (the trial court).
Term
Appellate Jurisdiction
Definition
the authority of a court to hear a case u0pon appeal.
Term
Concurrent Jurisdiction
Definition
more than one court has original jurisdiction; more than one court can be the trial court.
Term
Personal Jurisdiction
Definition
the authority of the court to hear cases with particular people; authority over the parties (usually the defendants). Can we get the defendants into that court?
Term
Minimum Contacts
Definition
Does the defendant have enough/minimum contact to bring them to the state to defend themselves?
Term
Long-arm statutes
Definition
a law that allows a state to bring a particular defendant into the state for a particular circumstance. This allows us to reach out and bring the defendant into the state.
Term
In rem jurisdiction
Definition
In rem means "the thing"; if you can't get jurisdiction over the people, you need subject matter jurisdiction.
Example: the marriage can be the "thing" to be dissolved.
Term
Venue
Definition
which court geographically has the authority to hear the case.
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