Civil Dispute Resolution

A collection of flashcards covering key terms and concepts from civil dispute resolution, including courts, jurisdiction, trial processes, and dispute resolution methods.

Jurisdiction

The power or authority of a court to hear and decide a given case.

Subject Matter Jurisdiction

The authority of a court to judge a controversy of a particular kind of case.

Personal Jurisdiction

The court's jurisdiction over the parties involved in a lawsuit.

In Personam Jurisdiction

Jurisdiction based on claims against a person, applying to those domiciled in or temporarily present in the state.

In Rem Jurisdiction

Jurisdiction based on claims against property within the state.

Venue

The geographic area where a lawsuit should be brought, not to be confused with jurisdiction.

Pleadings

A series of statements that give notice and establish the facts and law in a legal dispute.

Complaint (Petition)

The initial pleading by the plaintiff that states their case.

Summons

Written notice given to inform a person about a lawsuit filed against them.

Default Judgment

A ruling in favor of the plaintiff when the defendant fails to respond or appear in court.

Discovery

The pretrial process where parties obtain evidence from each other.

Pretrial Conference

A meeting between the judge and attorneys to simplify issues in dispute and attempt to settle.

Summary Judgment

A final ruling by the judge in favor of one party based on evidence disclosed before trial.

Voir Dire

The jury selection process where potential jurors are questioned for bias.

Directed Verdict

A ruling by the judge that the evidence is insufficient to support a verdict for the other party.

Motions Challenging Verdict

Requests to challenge the outcome of a trial before appealing.

Writ of Execution

A court order for the enforcement of a judgment, usually involving the seizure of property.

Arbitration

A nonjudicial proceeding where a neutral party renders a binding decision.

Mediation

A nonbinding process where a third party helps disputing parties propose solutions.

Negotiation

A consensual bargaining process where parties settle their dispute without third parties.

Stare Decisis

The legal principle of determining points in litigation according to precedent.

Trial Courts

Courts that hear civil and criminal cases and have general jurisdiction.

Court of Appeals

A court that hears appeals from district courts and does not conduct trials.