chapter 4 civil litigation

Vocabulary flashcards covering core civil procedure, trial mechanics, jurisdictional doctrines, and introductory tort terms based on Chapter 4 and 5 notes.

Civil procedure

The body of law that structures the legal system's mechanism for resolving disputes between private parties.

Litigation

A process of authoritative dispute resolution by the government between private parties, companies, or institutions.

Subject matter jurisdiction

The statutory or constitutional authority that empowers a court to hear the specific category or kind of case at issue.

Personal jurisdiction

The authority that permits a court to exercise power over the specific parties involved in a legal dispute.

Courts of general jurisdiction

Basic-level trial courts empowered to hear the bulk of a state's judicial business, including tort, contract, and property claims.

Courts of limited jurisdiction

Courts whose subject matter jurisdiction is restricted to specific topics or monetary amounts, such as family court, probate court, or small claims court.

Injunction

An equitable remedy consisting of a court order compelling a party to do or refrain from doing a specific act.

Minimum contacts

A constitutional requirement under the due process clause established in International Shoe Company v. Washington requiring that a defendant have sufficient connection with the forum state so that exercising personal jurisdiction does not offend traditional notions of fair play and substantial justice.

Federal question jurisdiction

Federal subject matter jurisdiction extending to cases arising under the U.S. Constitution, federal statutes, and federal administrative rules.

Diversity jurisdiction

Federal subject matter jurisdiction requiring complete diversity of citizenship between opposing parties and an amount in controversy exceeding a minimum monetary threshold set by Congress.

Removal

A doctrine permitting an out-of-state defendant sued in state court to transfer the case to federal court if the federal court would have had initial jurisdiction.

Conflicts of law

An area of law involving choices between competing state legal rules when a dispute involves multiple jurisdictions or multistate transactions.

Complaint

The initial document prepared and filed with the court by the plaintiff detailing how the defendant allegedly violated legal rights and requesting a legal remedy.

Summons

An official court document delivered alongside a complaint that formally summons the defendant to respond to the charges.

Pro se

A Latin phrase meaning 'for oneself,' referring to a litigant who proceeds in court without representation by a lawyer.

Default judgment

A judgment entered against a defendant who fails to respond to a summons and complaint, concluding the case against them and barring subsequent defense on the merits.

Motion to dismiss

A formal request asking the court to terminate a case without reaching the substantive merits of the dispute.

Demurrer

A motion to dismiss for failure to state a claim, arguing that even if all facts alleged by the plaintiff are true, the law provides no remedy or legal basis for holding the defendant liable.

Answer

The pleading filed by a defendant responding to allegations in the complaint by denying facts, professing lack of knowledge, or asserting defenses.

Affirmative defense

A defense raised in an answer that introduces a new factor eliminating or reducing liability even if all essential elements of the plaintiff's claim are established.

Counterclaim

A claim filed within the same lawsuit in which the defendant sues the plaintiff back.

Cross-claim

A claim filed by one co-defendant against another co-defendant within the same overall action.

Class action

A lawsuit in which individual parties litigate as representatives on behalf of a large group of similarly situated members sharing a common grievance.

Discovery

The pretrial process allowing litigants an extensive opportunity to unearth and exchange relevant facts, documents, and evidence from their adversary.

Deposition

An oral examination under oath conducted during discovery where attorneys question a party or witness outside the presence of a judge while a court reporter records testimony.

Interrogatories

Written questions submitted during discovery that an opposing party must answer in writing under oath.

Summary judgment

A pretrial judicial ruling terminating a case or issue without a full trial when there are no genuine issues of material fact and one party is entitled to win as a matter of law.

Preponderance of the evidence

The standard of proof in civil litigation requiring the plaintiff to demonstrate that their version of the facts is more likely than not true ($50\% + 1$ probability).

Hearsay

Second-hand testimony consisting of an out-of-court statement offered to prove the truth of the matter asserted, generally excluded under evidence rules.

Voir dire

A preliminary examination process meaning 'to speak the truth' where judges or attorneys question prospective jurors to identify bias and ensure impartiality.

Directed verdict

A motion for judgment as a matter of law made during a trial after an opponent presents evidence, granted if there are insufficient facts for a jury to reasonably decide otherwise.

Judgment notwithstanding the verdict

A post-trial ruling where the judge sets aside a jury's verdict and enters judgment for the losing party because the verdict was legally or factually unreasonable.

Writ of certiorari

An order issued by a supreme or highest appellate court granting discretionary review and directing a lower court to transmit its records of a case.

Res judicata

A rule of finality derived from Latin meaning 'the thing has been decided,' preventing parties from relitigating a case once all appeals are exhausted.

Tort law

The legal area governing a 'wrongful act' (derived from Latin for 'twisted') for which an injured victim can seek an award of money damages.