Chapter 4 - Parties and Jurisdiction - Terminology Flashcards Preview

LAS109 - Civil Pro I > Chapter 4 - Parties and Jurisdiction - Terminology > Flashcards

Flashcards in Chapter 4 - Parties and Jurisdiction - Terminology Deck (35):
1

The authority of a federal court to hear certain types of pleadings involving claims that do not have an independent basis for federal jurisdiction. Arises whenever a plaintiff has a proper claim and another party wishes to fil a counterclaim, cross-claim or third-party complaint but the latter claim does not have an independent jurisdictional basis.

Ancillary jurisdiction

2

A claim that has been transferred to another person or entity. In such a case, the assignee has a right to sue in the assignee's own name.

Assignment

3

Determining in which court a complaint should be filed

Choice-of-law decisions

4

A requirement that each plaintiff have a different state of citizenship from each defendant

Complete diversity

5

A legal entity composed of shareholders who own the entity but whose existence is separate and distinct from the entity. Shareholders generally cannot be held liable for the obligations of the corporation..

Corporation

6

The power of the federal court to hear controversies between citizens of different state. In order for the federal court districts to have jurisdiction, "complete diversity" must exist.

Diversity Jurisdiction

7

The permanent residence of a natural person. No person can have more than one domicile at one time.

Domicile

8

A constitutional doctrine requiring fairness in judicial proceedings

Due Process

9

The state where a lawsuit is being brought

Forum State

10

A person appointed by the court to represent another, usually a minor or incompetent, in a lawsuit. Can sue or be sued in behalf of the person.

Guardian ad litem

11

When the plaintiff files a complaint in the wrong geographic district

Improper venue

12

when the plaintiff files a complaint in a proper district but a district that is not convenient for the defendant or witnesses

Inconvenient venue

13

a court's power to personally bind the parties to the court's judgment

In personam jurisdiction

14

court's power to adjudicate rights in property located within the state in which the court sits

In rem jurisdiction

15

The ability of a person, not a party to the lawsuit, to become a party to the lawsuit when such person has an interest in the outcome of the lawsuit

Intervention

16

The bringing together in one lawsuit the different claims that a party may have against another party

Joinder of claims

17

The bringing together of different parties in one lawsuit. Under rules 19 and 20 FRCP, the plaintiff must determine which parties must, should or can be brought into the lawsuit so that the plaintiff's claim can be properly decided.

Joinder of parties

18

The ability of a court to exercise jurisdiction over a defendant who is outside the geographical boundaries of the court

Long-arm statutes

19

Sufficient contact by a defendant with the state attempting to exercise jurisdiction over the defendant

Minimum contacts

20

A person, group of persons or legal entity that has the right to bring or defend a legal case

Parties to an action

21

Legal entity created by two or more individuals who carry on a business and divide any profit or loss of the business

Partnership

22

Jurisdiction by the federal court over nonfederal claims when both the federal and nonfederal claims derive from a common set of facts

Pendent jurisdiction

23

The state where a corporation conducts a majority of its business, or, if this is not certain, the state where the corporate headquarters is located.

Principal place of business

24

Reference to actions in which the court does not have in personam jurisdiction over the defendant, but the court does have jurisdiction over particular property of the defendant that allows the court to subject that property to claims asserted by the plaintiff

Quasi in rem jurisdiction

25

The party who, under applicable substantive law, has the right that the lawsuit seeks to enforce

Real party in interest

26

the procedure in which a defendant may transfer a case already filed in a state court to the federal district court for the same district in which the state action is pending

Removal

27

A Latin word referring to either real or personal property, usually in the context of in rem actions

Res

28

The delivery of a legal document to the opposing party. Usually refers to the actual delivery of the initial pleading to the defendant

Service of process

29

Business owned by one person and usually operated under a fictitious business name

Sole proprietorship

30

The insulation of the government from being sued when functioning in an official government capacity, unless the government consents to being sued

Sovereign immunity

31

The right of a person to challenge in court the conduct of another

Standing

32

The power of the court to hear particular matters

Subject matter jurisdiction

33

When one party becomes obligated to pay for the loss sustained by another, that party may be substituted as a proper party to collect against the wrongdoer for such loss

Subrogation

34

Social organizations, churches, home-owner groups, etc., that operate under a common name for the common benefit of all members

Unincorporated association

35

The geographic district where a lawsuit may properly be heard.

Venue