Legal Terms Chapter 1 - Court Systems and Jurisdiction

Question 1

Action

Answer 1

Lawsuit or court proceeding.

Question 2

Admiralty

Answer 2

Pertaining to the sea.

Question 3

Alternative dispute resolution

Answer 3

Procedures for settling disputes by means other than litigation.

Question 4

Answer

Answer 4

The main pleading filed by the defendant in a lawsuit in response to the plaintiff’s complaint.

Question 5

Appeal

Answer 5

The request to a higher court to review the decision of a lower court.

Question 6

Appellate courts

Answer 6

Courts that review the decisions of lower courts.

Question 7

Appellate jurisdiction

Answer 7

The power to hear a case when it is appealed.

Question 8

Arbitration

Answer 8

A method of settling disputes in which a neutral third party makes a decision after hearing the arguments on both sides.

Question 9

Arbitrator

Answer 9

A neutral third party in an arbitration session who listens to both sides and makes a decision with regard to the dispute.

Question 10

Arbitrator’s award

Answer 10

An arbitrator’s final written decision in binding arbitration.

Question 11

Arraignment

Answer 11

The act of calling a prisoner before the court to answer an indictment or information.

Question 12

Arrest

Answer 12

To deprive a person of his or her liberty.

Question 13

Article

Answer 13

In a statutory framework, a discreet collection of laws on the same general topic.

Question 14

Bankruptcy

Answer 14

A legal process which aims to give debtors who are overwhelmed with debt a “fresh start” and to provide a fair way of distributing a debtor’s assets among all creditors.

Question 15

Binding arbitration

Answer 15

Arbitration in which the decision of the arbitrator is final and must be followed.

Question 16

Counterclaim

Answer 16

A claim that the defendant has against the plaintiff.

Question 17

Court

Answer 17

A governmental unit organized to administer justice.

Question 18

Cross-claim

Answer 18

A claim brought by one defendant against another defendant in the same suit.

Question 19

Cross-complaint

Answer 19

A pleading used in California by a defendant to file a claim against another defendant, a third party, and the plaintiff in the same action.

Question 20

Discovery

Answer 20

Methods that allow each party in litigation to obtain information from the other party and from witnesses about a case before going to court.

Question 21

Demurrer

Answer 21

The pleading used by the defendant to attack the plaintiff’s complaint by raising a point of law, such as the failure of a complaint to state a cause of action.

Question 22

Jurors

Answer 22

Members of a jury.

Question 23

Jury

Answer 23

A group of people selected according to law and sworn to determine the facts of the case.

Question 24

Indictment

Answer 24

A formal, written charge of a crime made by a grand jury.

Question 25

Interrogatories

Answer 25

A form of discovery in a civil action in which parties are given a series of written questions to be answered under oath.

Question 26

Legal ethics

Answer 26

The do's and don'ts applied in the legal profession and formalized into ethics rules.

Question 27

Litigation

Answer 27

A suit at law.

Question 28

Paralegal

Answer 28

A nonlawyer employee trained or educated to do substantive legal work under supervision of employing attorney.

Question 29

Pleadings

Answer 29

The written statements of claims and defenses used by the parties in a lawsuit.

Question 30

Preliminary Hearing

Answer 30

A hearing before a judge to determine whether there is sufficient evidence to believe that the person has committed a crime.

Question 31

Process

Answer 31

The means of compelling a defendant in an action to appear in court.

Question 32

Venue

Answer 32

The place where the trial is held.

Question 33

U.S. Constitution

Answer 33

The first governing document in world history that creates a representative democracy.

Question 34

U.S. Supreme Court

Answer 34

The highest court in the federal judicial system, created by Article III of the U.S. Constitution.

Question 35

Federal question

Answer 35

A matter that involves the U.S. Constitution, acts of Congress, or treaties.

Question 36

Diversity of citizenship

Answer 36

A phrase used in connection with the jurisdiction of federal courts to describe cases between citizens of different states or citizens of the U.S. and those of foreign governments/countries.

Question 37

Federal district courts

Answer 37

The U.S. District Courts which hear most federal cases before an appeal.

Question 38

Principal

Answer 38

One who authorizes another to act on one's behalf.

Question 39

Common law

Answer 39

The case law used in England and the American colonies before the American revolution.

Question 40

Code

Answer 40

A systematic collection of statutes, administrative regulations, and other laws.

Question 41

Circuits

Answer 41

Name given to the division of the federal court system. There are 13 circuits in the federal system.

Question 42

Justices

Answer 42

The title given to the highest appellate court judges.

Question 43

Writ of certiorari

Answer 43

An order from a higher court to a lower court to deliver its records to the higher court for review.

Question 44

Cert. den.

Answer 44

What is written on a court record when a writ of certiorari is denied.

Question 45

Probate

Answer 45

To prove and have allowed by the court, usually a will.

Question 46

Courts of appeal

Answer 46

A court that reviews the decision of a lower court.

Question 47

Original jurisdiction

Answer 47

The authority to hear a case when it first goes to court.

Question 48

Exclusive jurisdiction

Answer 48

The power of one court only to hear a particular case to the exclusion of all other courts.

Question 49

Concurrent jurisdiction

Answer 49

The power of two or more courts to decide a particular case.

Question 50

Forum non conveniens

Answer 50

The right of a court to refuse to hear a case if it believes that justice would be better served if the trial were held in a different court.

Question 51

Verdict

Answer 51

The decision of a jury.

Question 52

In personam action

Answer 52

A lawsuit in which the court has jurisdiction over the person.

Question 53

In rem action

Answer 53

A lawsuit that is directed against property rather than against a particular person.

Question 54

Real property

Answer 54

The ground and anything permanently attached to it, including land, buildings, growing trees, and airspace.

Question 55

Local action

Answer 55

A lawsuit that can only occur in one place.

Question 56

Res

Answer 56

The property.

Question 57

Defendant

Answer 57

A person against whom legal action is brought.

Question 58

Quasi in rem

Answer 58

A lawsuit in which the court has jurisdiction over the defendant's property, but not over the defendant's person.

Question 59

Plaintiff

Answer 59

A person who brings a legal action against another.

Question 60

Complaint

Answer 60

A formal document containing a short and plain statement of the claim, indicating that the plaintiff is entitled to relief and containing a demand for the relief sought. Called declaration at common law.

Question 61

Service of process

Answer 61

The delivering of summonses or other legal documents to the people who are required to receive them.

Question 62

Long-arm statutes

Answer 62

Statutes that allow one state to reach out and obtain personal jurisdiction over a person in another state.

Question 63

Plenary jurisdiction

Answer 63

Complete jurisdiction over both of the parties and the subject matter of the lawsuit.

Question 64

Transitory action

Answer 64

A lawsuit that may be brought in more than one place as long as the court in which it is heard has proper jurisdiction.

Question 65

Motion

Answer 65

A written or oral request made to a court for a certain action to be taken.

Question 66

Conviction

Answer 66

To be found guilty of a crime.

Question 67

Mediation

Answer 67

An informal dispute resolution process in which a neutral, third person listens to both sides' claims and makes suggestions for reaching a solution without having to go to trial.

Question 68

Mini-trials

Answer 68

Informal trials run by private organizations established for the purpose of settling disputes out of court.

Question 69

Negotiation

Answer 69

A two-party process in which each side attempts to conclude a dispute by bargaining with the other until one side agrees to the other's offer or settlement.

Question 70

Third party

Answer 70

In agency law, one who deals with an agent in making a contract with the agent's principal.

Question 71

Offer

Answer 71

A proposal to enter into a contract made by an offerer.

Question 72

Contract

Answer 72

Any agreement that is enforceable in a court of law.

Question 73

Conciliator

Answer 73

The neutral third person who does the listening in a mediation; also called a mediator.

Question 74

Caucus

Answer 74

A private session with a mediator in which the mediator learns what the interests are behind each side's demands.

Question 75

Nonbinding arbitration

Answer 75

Arbitration in which the arbitrator's decision is simply a recommendation and need not be complied with.

Question 76

Mandatory arbitration

Answer 76

Arbitration that is required by agreement, or by law; also called compulsory arbitration.

Question 77

Change of venue

Answer 77

The removal of a suit begun in one county or district and the replacement of it to another county or district for trial.

Question 78

Statute

Answer 78

A written law passed by a legislative body.