Legal Terms Quiz 1

Pleadings

Formal written documents filed by the parties at the beginning of a lawsuit that set out their claims and defenses (e.g., the complaint/petition and the answer). 

Plaintiff

The person who files the lawsuit.

Defendant

The person or company being sued (or accused in a criminal case).

Petition

The document that starts certain types of lawsuits (often used instead of “complaint” in some states or for specific actions such as divorce, bankruptcy, or requesting a higher court to review a case). It is essentially the same function as a complaint.

Complaint

The formal document filed by the plaintiff that starts a civil lawsuit. It states the facts, the legal claims, and the relief sought.

Substantive law

Creates legal rights and obligations (example: Title VII of the Civil Rights Act of 1964 – employers may not discriminate based on sex, race, religion, national origin, or color).

Procedural law

The rules for how lawsuits are conducted (how to file a suit, who to name, how to serve papers, etc.).

Stare decisis

(“to stand by the decision”) – Courts must follow earlier decisions (precedents) with similar facts unless there is a compelling reason to overturn them. Lower courts must follow higher courts in their region; all courts must follow U.S. Supreme Court decisions. Purpose: promotes stability and predictability.

Beyond a reasonable doubt

The high burden of proof the government must meet in a criminal case.

Preponderance of the evidence

The lower burden of proof in a civil case (more than 50% of the evidence).

Damages

Money (monetary compensation awarded for losses suffered).

Common law

The legal system used in 49 states, based on English judge-made law and the doctrine of stare decisis.

Civil law

(1) The legal system used in Louisiana (based on French law and the Louisiana Civil Code). 
(2) Also refers to non-criminal lawsuits between private parties seeking money or other relief (as opposed to criminal law).

Jurisdiction

The power or authority of a court to hear and decide a case. Every court must have proper jurisdiction or the case will be dismissed.

Venue

The proper geographic location (parish or county) where the lawsuit should be filed.

Standing to sue 

The requirement that the plaintiff must have a real, personal stake in the outcome and must show he or she suffered an actual injury caused by the defendant. 

Appellant

The party who appeals a lower court’s decision to a higher court (the one who lost below and wants the ruling reversed or changed).

Appellee

The party against whom the appeal is filed; the one who won in the lower court and is defending that decision.

Long-arm statutes

State laws that allow a state’s courts to exercise personal jurisdiction over out-of-state defendants who have minimum contacts with the state.

Federal question jurisdiction

Federal courts can hear a case that involves an issue arising under a federal statute, federal regulation, or the U.S. Constitution.

Diversity of citizenship jurisdiction

Federal courts can hear a case when all plaintiffs are citizens of different states from all defendants (complete diversity) and the amount in controversy exceeds the statutory minimum.

In rem jurisdiction

A court's authority to determine rights in a particular piece of property, rather than exercising authority primarily over a person.

Petition for writ of certiorari

A formal request asking the U.S. Supreme Court (or sometimes another higher court) to review a lower court’s decision. The Court has complete discretion whether to grant it.

Litigation

The process of resolving a dispute through the court system (filing and defending a lawsuit).

Jurisprudence

Case law – the body of decisions made by judges in actual cases.