Civil Litigation - Chapter 1

Civil Litigation

The process where one party sues another in a court of law to seek a remedy

Partners

Attorney owners of a law firm that share in proftis.

Associates

Attorneys who are salaried in a law firm

Multijurisdictional practices

Providing legal services in states that you aren’t licensed in.

Pro hace vice

Application for licensed attorneys to practice for a limited purpose in a state where they aren’t licensed.

billabel hours

The time spent on a client’s case that can be billed to the client.

Electronic billing

Posting of billing information to a secure electronic host site for client access,

Unbundling legal services

hiring a lawyer for only one step in a legal matter, when multiple need to be completed.

Tickler systems

Calendar system for deadlines in law office.

Litigation system

Procedure manual that is a chronological collection of guidelines, forms, correspondence, checklists, procedures, and pertinent laws for the litigation procfess.

Professional ethics

Rules of conduct governing practice of law.

Legal advice

Independent professional judgement based on knowledge of the law.

malpractice

Legal negligence allowing a client to sue.

Pro bono

Providing free legal services.

Trial court

The court in which the initial lawsuit is filed.

Lawsuit

formal complaint filed by a wronged party.

Judgement

Judge’s formal finding.

Jurisdiction

Power of authority for a court to decide the facts presented by a lawsuit.

Personal jurisdiction

Court’s power to hear a case against a person.

Summons

Court issued document informing the defendant of the requirement to respond or appear at a designated time. Gives the court personal jurisdiction over the defendant.

Long-arm statutes

Identifies circumstances allowing a person from another jurisdiction to be held accountable in that jurisdiction.

In rem jurisdiction (propertY)

Jurisdiction over property

Subject matter jurisdiction

Jurisdiction defined by the subject of the type of lawsuit handled by a court.

General jurisdiction

ourt’s abillity to hear multipel types of cases.J

urisdictional amount.

Dollar amount that must be claimed to meet a court’s given minimum.

Supplemental jurisdiction

Federal courts that have jurisdiction over a federal claim may add parties if the claim is based on the same essential facts as the federal claim.

Concurrent jurisdiction

Two courts sharing the ability to hear the case type.Dom

Domicile

Someone’s true, permanent home.

Federal question

CIvil actions arising under the constitution, laws, or treaties of the United States.

Diversity of citizenship

Jurisdictional requirement for US District Court that parties of a lawsuit be citizens of differnet states.

Class action

Lawsuit filed by individuals with a common interest

Alienage jurisdiction

A diversity jurisdiction involving foreign states and their citizens or subjects.

Writ of cetiorari

A discretionary writ that allows the US Supreme Court to only take cases taht have sufficient national significance to warrant its attention.

Venue

The geographical area in which a court with jurisdiction can hear a case.