Chapter 13: Civil Procedure Before Trial

Cause of Action

The basis upon which a lawsuit may be brought to the court. 

Subject Matter Jurisdiction

The power of a court to resolve the kind of dispute in question.

Federal Question

A case that involves a federal law, either in statutes, in the Constitution, or in treaties.

Diversity of Citizenship 

A basis for federal court jurisdiction where the plaintiff and defendant are residents of different states and the amount in controversy exceeds $75,000. 

Exclusive Jurisdiction

The sole power or authority to act in a certain situation.

Concurrent Jurisdiction

A term that describes situations where more than one entity has the power to regulate or act.

Personal Jurisdiction

Authority over the person of a defendant in a state. 

Specific Personal Jurisdiction

The lawsuit is based on acts that occurred in the state.

General Personal Jurisdiction

The defendant’s affiliations with the forum state are ”continuous and systematic.”

in rem jurisdiction

When a court does not have personal jurisdiction over a defendant, but the “thing” that is the subject of the dispute is property that is located within the state.

quasi in rem jurisdiction

When the defendant owns property in a state, but that property is not the subject of the lawsuit.

venue

The proper geographical court (within the jurisdiction) in which to file an action.

pleadings

The formal written allegations filed with the court by both sides to a lawsuit; claims and defenses are clearly set out so that both parties are placed on notice of the position of the opposing party.

complaint

The pleading setting out allegations by the plaintiff.

answer

The pleading used by the defendant to respond to the plaintiff's complaint.

counterclaim

A pleading in which the defendant asks for damages or other relief from a plaintiff.

cross-claim

A pleading in which the defendant asks for damages or other relief from a co-defendant.

third-party action

A pleading in which the defendant asks for damages or other relief from a new party to the action.

summons

The notice to the defendant that he or she must answer a complaint filed in court or risk default.

appear

It can mean either actually appearing on a specified date or filing paperwork to respond to the complaint of the plaintiff.

serve

To deliver documents to another party in accordance with legal requirements. 

affirmative defenses

Defenses raised by the defendant in the answer; which admit some or all of the factual allegations of the plaintiff, but offer reasons why the plaintiff should not recover even if all of the allegations of the complaint are true.

general denial

A responsive pleading that denies each and every allegation contained in the complaint.

specific denial

A detailed or specific responsive pleading; it addresses each allegation by number.

demurrer

A pleading used in some states to challenge the legal sufficiency of the complaint.

discovery

A pretrial process of acquiring information; the most common _________ tools are written interrogatories, depositions, and requests for production of documents and things.

interrogatories

Written requests from one party in a lawsuit to the opposite party for answers to questions.

request for admissions

Written requests from one party in a lawsuit to the opposite party to admit or deny the truth of a statement; used to establish some baseline facts prior to trial.

request to produce or inspect

A written request by one party to another to allow one side to see and copy documents or to physically inspect a place or thing that is relevant to the lawsuit.

deposition

The testimony of a witness, given under oath, outside the courtroom and taken before a court reporter; the deponent (the person whose deposition is being taken) will be asked questions by the attorney who requested the deposition.

pretrial conference

Informal meetings between the attorneys and the judge before trial to determine if the case is ready for trial.

settlement

A __________ occurs when the parties reach an agreement on some or all of the issues without actually going to trial; if __________ is on some issues, the remaining issues are litigated or tried.