Chapter 2 continued Flashcards Preview

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Flashcards in Chapter 2 continued Deck (25):
1

Standing to sue

The plaintiff must have some stake in the outcome of the lawsuit

2

Jurisdiction

The authority of a court to hear a case

3

Subject matter jurisdiction

Jurisdiction over the subject matter of a lawsuit

4

In personam jurisdiction OR personal jurisdiction

Jurisdiction over the parties to a lawsuit

5

Service of process

A summons being served on the defendant to obtain personal jurisdiction over him/her

6

In rem jurisdiction

Jurisdiction to hear a case because of jurisdiction over the property lawsuit

7

Quasi in rem jurisdiction OR attachment jurisdiction

Jurisdiction allowed a plaintiff who obtains a judgment in one state to try to collect the judgement by attaching property of the defendant located in another state

8

Long-arm statute

A statute that extends a state's jurisdiction to nonresidents who were not served a summons within the state;
Persons who have (1) committed torts within the state, (2) entered into a contract either in the state or that affects the state, or (3) transacted other business in the state that allegedly caused injury to another person.

9

Forum-selection clause

A contract provision that designates a certain court to hear any dispute concerning nonperformance of the contract

10

Venue

A concept that requires lawsuits to be heard by the court with jurisdiction that is nearest the location in which the incident occurred or where the parties reside

11

Pleadings

The paperwork that is filed with the court to initiate and respond to a lawsuit

12

Complaint

The document the plaintiff files with the court and serves on the defendant to initiate a lawsuit

13

Summons

A court order directing the defendant to appear in court and answer the complaint

14

Answer

The defendant's written response to the plaintiff's complaint, which is filed with the court and served on the plaintiff

15

Cross-complaint

A document filed by the defendant against the plaintiff to seek damages or some other remedy

16

Reply

A document filed by the original plaintiff to answer the defendant's cross-complaint

17

Intervention

The act of others joining as parties to an existing lawsuit

18

Consolidation

The act of a court to combine two or more separate lawsuits into one lawsuit

19

Statute of limitations

Establishes the period during which a plaintiff must bring a lawsuit against a defendant

20

Discovery

A legal process during which both parties engage in various activities to discover facts of the case from the other party and witnesses prior to trial

21

Deposition

The oral testimony given by a party or witness prior to trial. The testimony is given under oath and is transcribed

22

Deponent

The party who gives his or her deposition

23

Interrogatories

Written questions submitted by one party to a lawsuit to another party. The questions must be answered in writing within a stipulated time

24

Production of documents

A request by one party to another party to produce all documents relevant to the case prior to the trial

25

Physical or mental examination

Examinations that may be ordered by a court to determine the extent of a defendant's alleged injuries