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| The process of resolving private disputes through the court system. |
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| The process of deciding a case (giving evidence, making arguments, deciding by a judge and jury, etc), which occurs if the dispute is not resolved by pleadings, pretrial motions, or settlement. usually takes place in open court, and may be followed by a judgment, an appeal, and so on. |
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| The basic law of rights and duties (contract law, criminal law, accident law, law of wills, etc). |
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| The rules of carrying on a civil lawsuit or a criminal case (how to enforce rights in court) |
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| having to do with the law of crimes and illegal conduct. |
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| The procedure by which a person accused of a crime is brought to trial and given punishment. |
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| The laws and rules that govern how noncriminal lawsuits are handled by the individuals involved and by the court. |
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| Laws dealing with private disputes between parties. |
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| A person who brings (starts) a lawsuit against another person. |
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| The person against whom a legal action is brought. This legal action may be civil or criminal. |
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| The first main paper filed in a civil lawsuit, it includes, among other things, a statement of the wrong or harm done to the plaintiff by the defendant, a request for specific help from the court, and an explanation of why the court has the power to do what the plaintiff wants. |
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| A written request to a court asking that it take a particular action, in some states the word is limited to written requests made when there is no other side in the case |
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| The first pleading by the defendant in a lawsuit. This pleading responds to the charges and demands of the plaintiff's complaint. The defendant may deny the plaintiff's charges, may present new facts to defeat them, or may show why the plaintiff's facts are legally invalid. |
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| Failure to take a required step in a lawsuit; for example, failure to file a paper on time. |
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| the official decision of a court about the rights and claims of each side in a lawsuit. usually refers to a final decision that is based on the facts of the case and made at the end of a trial. |
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| the formal and informal exchange of information between two sides in a lawsuit. |
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| a request that a judge make a ruling or take some other action. |
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| a judge's order requiring that something be done outside the courtroom or authorizing it to be done. |
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| alternative dispute resolution (ADR) |
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| ways to resolve legal problems without a court decision; for example, arbitration, mediation, minitrial, rent-a-judge, or summary jury trial. |
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1. Discuss, arrange, or bargain about a business deal.
2. Discuss a compromise to a situation. |
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| to come to an agreement about a price, debt, payment of a debt, or disposition of a lawsuit. |
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| outside help in settling a dispute. The person who does this can only persuade, not force, people into a settlement. |
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| the person who helps settle a dispute through mediation. |
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| resolution of a dispute by a person (other than a judge) whose decision is binding. submission of the dispute for decision is often the result of an agreement in a contract. If required by law, it is called compulsory. |
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| the person who resolves a dispute in an arbitration hearing |
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| books that contain the actual law (i.e., case reporters, codes, constitutions) |
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1. Persuasive authority.
2. Writings about the law, such as articles, treatises, and encyclopedias. |
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| books containing sample forms for legal professionals to follow in preparing pleadings and other documents. |
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| electronic file storage where files are stored on the Internet rather than on the office computer. |
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| a court where the parties to a lawsuit file their pleadings and present evidence to a judge or jury |
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| another term for a trial court |
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1. the geographical area within which a court (or a public official) has the right and power to operate.
2. the persons about whom and the subject matters about which a court has the right and power to make decisions that are legally binding. |
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| the power of a court to take a case, try it, and decide it |
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| a court that decides appeals from a trial court. In most states it is a middle-level court, but in some states it is the highest court. |
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| a written statement prepared by one side in a lawsuit to explain its case to the judge. It usually contains a fact summary, a law summary, and an argument about how the law applies to the facts. |
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| a mistake in the way the law is interpreted or applied to a situation. |
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| the power and authority of a higher court to take up cases that have already been in a lower court and the power to make decisions about these cases. |
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1. Make firm; repeat agreement; confirm.
2. When a higher court declares that a lower court's action was valid and right. |
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| The highest of the U.S. courts and the highest court of most, but not all of the states. |
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| certiorari (sir-sho-rare-ee) |
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| subject matter jurisdiction |
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| the authority that a court has to hear a particular type of case. |
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| the power or authority of the court to make a ruling affecting the parties before the court. |
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| the authority of a court to hear a case based on the fact that the property, which is the subject of a lawsuit, is located within the state in which the court is situated. |
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| quasi in rem jurisdiction |
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Definition
| authority of a court to hear a case based on the fact that the defendant owns property that is located within the state, even though that property is not the subject of the lawsuit. |
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| the situation that occurs when persons of one side of a case in federal court come from a different state than the persons on the other side. |
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| supplemental jurisdiction |
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| a federal court's right to decide a claim based on a non-federal issue if this claim depends on the same set of facts as does a federal claim in the case before the court. |
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| the power of a court to hear and decide any of a wide range of cases that arise within its geographic area. |
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| authority to hear only certain kinds of cases |
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| a state law that allows the courts of that state to claim jurisdiction over (decide cases directly involving) persons outside the state who have allegedly committed torts or other wrongs inside the state. |
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| coming before a court and submitting to its jurisdiction in a case. |
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| showing up in court for a limited purpose only, especially to argue that the court lacks jurisdiction over you or your client. |
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| motion to quash service of summons |
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| a request that the court declare that service of the complaint and summons is invalid, either because the court lacks jurisdiction over the defendant or because of some procedural problem with the service itself. |
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| formally seizing property (or a person) in order to bring it under the control of the court. This is usually done by getting a court order to have a law enforcement officer take control of the property. |
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| the local area where a case may be tried. Court systems may have jurisdiction (power) to take a case in a side geographic area. |
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1. Facts sufficient to support a valid lawsuit.
2. The legal theory upon which a lawsuit is based. |
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| a type of law that requires a written notice describing a claim to be presented to the defendant before a lawsuit can be filed. |
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| the legal doctrine that a delay (in pursuing or enforcing a claim or right) can be so long that the person against whom you are proceeding is unfairly hurt or prejudiced by the delay itself. |
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| Model Rules of Professional Conduct |
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| American Bar Association rules stating and explaining what lawyers must do, must not do, should do, and should not do. They cover the field of legal ethics. |
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| being in a position where your own needs and desires could possibly lead you to violate your duty to a person who has a right to depend on you, or being in a position where you try to serve two competing masters or clients. |
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| a legal fee based on a fixed sum rather than on an hourly rate or a percentage of a recovery. |
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| a legal fee based on a fixed amount for each hour the law firm spend on the case. |
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| payment to a lawyer of a percentage of the "winnings," if any, from a lawsuit rather than payment of a flat amount of money or payment according to the number of hours worked. |
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| expenses of one side in a lawsuit that the judge orders the other side to pay or reimburse. |
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1. Employment of a lawyer by a client.
2. The specific agreement in no. 1 |
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| money or property put in a bank account to be kept separate (often for ethical or legal reasons) or used for a special purpose |
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| no other court in the area can decide a lawsuit on that subject |
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| "Running together" or having the same authority at the same time. |
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