NCCC 21 Chapter 1 - Court Systems and Jurisdictions

Arbitrator’s award

An arbitrator’s final written decision in binding arbitration.

Justice

The title of an appellate court judge.

Alternative dispute resolution

Procedures for settling disputes by means other than litigation, including mediation and arbitration.

Local action

A lawsuit that can occur only in one place.

Mediator

A neutral third person in a mediation session who listens to both sides and makes suggestions for reaching a solution.

U.S. Supreme Court

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

Third party

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

Transitory action

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

Probate

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

Court

A governmental unit organized to administer justice.

Federal district courts

Also known as U.S. District Courts. The Courts that hear most federal cases before an appeal. Each state, territory, and the District of Columbia has at least one.

Common law

The case law used in England and the American Colonies before the American Revolution. Also, common law means judge-made law or appellate case decisions.

Mandatory arbitration

Arbitration that is required by agreement or by law. Also called compulsory arbitration.

Rico

Acronym for Racketeer Influenced and Corrupt Organizations Act of 1970, a federal statute designed to stop organized criminal activity from invading legitimate businesses, and providing strong sanctions and forfeiture provisions.

Motion

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

Federal question

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

Action

Lawsuit or court proceeding.

Conciliation

An informal process in which a neutral third person listens to both sides and makes suggestions for reaching a solution. Also called mediation.

Principal

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

Conciliator

A neutral third person in a conciliation session who listens to both sides and makes suggestions for reaching a solution. Also called a mediator.

Bankruptcy

A legal process that 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.

Title

Ownership.

Diversity of citizenship

a term used to describe cases between persons from different states, between citizens of the United States and a foreign government, and between citizens of the United States and citizens of a foreign country.

Courts of appeal

A court that reviews the decisions of a lower court. Also called an appellate court.

Mediation

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

Article

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

Concurrent jurisdiction

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

Binding arbitration

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

Appellate courts

Courts that review the decisions of lower courts. Also called courts of appeal.

Caucus

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

Admiralty

Pertaining to the sea.

Quasi in rem action

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

Negotiation

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 side’s offer or settlement. Also, the act of transferring a negotiable instrument to another party.

Nonbinding arbitration

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

Appellate jurisdiction

The power to hear a case when it is appealed.

Defendant

A person against whom a legal action is brought.

Cert. den.

Abbreviation meaning certiorari denied. When the U.S. Supreme Court decides not to hear an appeal, the Court denies issuing the writ of certiorari by writing the abbreviation “cert. den.” on the court record.

In personam action

(personal action) A lawsuit in which the court has jurisdiction over not only the subject matter, but also the parties involved in the case.

Verdict

The decision of a jury.

Maritime

Pertaining to the sea.

Complaint

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.

Forum non conveniens

Latin for a forum (location) that is not convenient. 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.

Arbitration

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

Offer

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

Plenary jurisdiction

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

Original jurisdiction

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

Plaintiff

A person who brings a legal action against another.

Articles

The separate, original seven parts of the U.S. Constitution.

Writ of certiorari

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

Appeal

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

Contract

Any agreement that is enforceable in a court of law. An agreement that has consideration is a contract.

Real property

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

U.S. Constitution

The written document created by America’s founders at the constitutional convention of 1787 and which was ratified by the 13 states. It creates our federal system of government. The first governing document in world history that creates representative democracy.

Mini-trials

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

Res

The property; the thing.

Long-arm statutes

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

Code

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

Exclusive jurisdiction

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

Convicted

Found guilty of a crime.

Arbitrator

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

Circuits

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

Service of process

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

In rem action

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

change of venue

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