Business Law - Chapter 3: The US Legal System - Key Terms

answer

The defendant's formal written response admitting or denying allegations in the complaint and raising defenses.

appellate court

A court that reviews a lower court's decision for legal error rather than retrying the facts.

brief

A written legal argument explaining the facts, governing law, and result a court should reach.

case or controversy

A real, resolvable legal dispute required before a court may exercise judicial power.

complaint

The plaintiff's initial pleading stating claims, supporting facts, and requested relief.

counterclaim

A claim asserted by a defendant against the plaintiff in the same lawsuit.

court of appellate jurisdiction

A court authorized to review decisions made by lower courts.

court of original jurisdiction

The court in which a case is first filed and heard.

default judgment

A judgment for the plaintiff entered when the defendant fails to respond and the allegations support relief.

defendant

The person or entity against whom a civil claim or criminal charge is brought.

deposition

Sworn out-of-court testimony recorded during discovery through oral questioning.

directed verdict

A trial judge's ruling for one party because the evidence could not reasonably support the opposing party.

discovery

The pretrial process through which parties obtain relevant information and evidence from one another.

in personam jurisdiction

A court's power to issue a judgment affecting a particular person's legal rights.

in rem jurisdiction

A court's power over property located within its territory.

interrogatories

Written questions one party sends another to answer under oath during discovery.

jurisdiction

A court's legal authority to hear a dispute and render a binding decision.

long-arm statute

A state law permitting jurisdiction over an out-of-state defendant with sufficient contacts with the state.

mock trial

A simulated trial used to test facts, arguments, witnesses, and likely juror reactions.

motion

A party's formal request that the court take a particular action.

motion for judgment on the pleadings

A request for judgment based solely on the pleadings because no material factual issue requires trial.

motion for summary judgment

A request for judgment before trial because no genuine dispute of material fact exists.

motion to dismiss

A request to end a case because the complaint fails legally even if its factual allegations are assumed true.

peremptory challenge

A limited right to exclude a prospective juror without stating a reason, subject to anti-discrimination rules.

personal service

Delivery of the summons and complaint directly to the defendant by an authorized person.

plaintiff

The person or entity that initiates a civil lawsuit.

prejudicial error of law

A significant legal mistake by the trial court that likely affected the outcome.

pretrial conference

A meeting of the judge and attorneys to simplify issues, encourage settlement, and prepare for trial.

reply

The plaintiff's formal response to a counterclaim.

request for admission of facts

A discovery request asking the opposing party to admit or deny specified facts.

request to produce documents

A discovery demand requiring another party to provide relevant documents, records, or items.

ripeness

The requirement that a dispute be sufficiently developed and ready for judicial decision.

service of process

Formal delivery of the summons and complaint to notify the defendant of a lawsuit.

shadow jury

A privately selected group that observes a trial and reports reactions to help counsel assess the real jury.

standing

A party's right to sue based on a concrete, personal injury that the court can remedy.

subject-matter jurisdiction

A court's authority to hear a particular category or type of case.

summons

A court notice informing a defendant of the lawsuit and when and how to respond.

trial court

A court of original jurisdiction that receives evidence, determines facts, and enters judgment.

venue

The proper geographic location in which a case should be tried.

voir dire

Questioning prospective jurors to determine impartiality and suitability for service.

writ of certiorari

An order by which the US Supreme Court directs a lower court to send up the record for review.