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| a response to a plaintiffs claim that doesnt deny the plaintiffs facts but attacks the plaintiffs legal right to bring an action |
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| procedurally, a defendants response to the plaintiffs complaint |
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filed by plaintiff against defendant.
brings about a lawsuit |
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| when two different courts have the power to hear a case |
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| questioning of an opposing witness during a trial |
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| motion for judgement on pleadings |
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| a motion to decide the case just based on the pleadings |
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| a judgement entered by a court against a defendant who has failed to appear in the court to answer or defend the plaintiffs case |
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| the testimony of a party to a lawsuit or a witness under oath before a trial |
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| examination of a witness who is called to the stand to testify on behalf of that attorney's client |
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| a phase during litigation duing which opposing parties may obtain info from each other and third parties prior to trial |
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Federal court has jurisdiction in cases with more than $75,000
(1) Citizens of different states
(2)a foreign country and citizens of a state or of different states
(3) citizens of a state and citizens or subjects of a foreign country |
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| when a case can be heard by one type of court only |
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| a question that pertains to the U.S. Constituition, acts of congress, or treaties |
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| court jurisdiction over the "person" involved in a legal action; personal jurisdiction |
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| court jurisdiction over a defendant's property |
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| written questions for which written answers are prepared and then signed under oath |
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| the process by which courts decide on the constitutionality of legislative enactments and actions of the executive branch |
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| the authority of a court to hear and decide a specific action |
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| permits a state to obtain personal jurisdiction over non-resident defendants. defendant must have "minimum contacts" with the state for the statute to apply |
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| motion for a directed verdict |
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| a motion for the judge to take the decision out of the hands of the jury and make a direct verdict that the other party has not produced sufficient evidence to support his or her claim |
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| motion for a judgement as a matter of law |
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| the other party has not produced sufficient evidence to support his or her claim |
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| a motion asserting that the trial was so flawed a new trial is necessary |
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| a motion requesting the court to grant judgement in favor of the party making the motion on the ground that the jury verdict against him or her was unreasonable and erroneous |
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| motion for summary judgement |
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| a motion requesting the court to enter a judgement without proceeding to trial. the motion can be based on evidence outside the pleadings and will be granted only if no facts are in dispute |
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| defendant asserts that the plaintiffs claim fails to state a cause of action (that is, has no basis in law) or that there are other grounds on which a suit should be dismissed |
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| proceedings related to a deceased persons estate |
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| in a lawsuit, an issue involving a factual dispute that can only be decided by a judge |
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| in a lawsuit, an issue involving the application or interpretation of a law; judge not jury makes the decision |
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| evidence tending to make a fact at issue in a case more or less probable |
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| requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit |
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| a writ from a higher court asking the lower court for a record of a case |
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| order telling sheriff to seize and sell defendants nonexempt assets |
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