Legal Terms and Procedures in Civil Litigation and Agency Law

Litigation

The process of resolving disputes through the court system.

Plaintiff

The party who files the lawsuit.

Defendant

The party being sued.

Jurisdiction

A court's legal authority to hear a case.

Subject-Matter Jurisdiction

A court's authority to hear a specific type of case.

Personal Jurisdiction

A court's authority over the parties involved in the case.

Venue

The proper geographic location for a lawsuit to be filed.

Standing

The requirement that the plaintiff has suffered an actual injury.

Plaintiff's Complaint

Document filed to start a lawsuit that states facts and requested remedies.

Service of Process

Delivery of the complaint and summons to the defendant.

Default Judgment

Judgment entered when a defendant fails to respond.

Discovery

Pre-trial exchange of evidence between parties.

Interrogatories

Written questions answered under oath.

Depositions

Live, sworn pre-trial testimony.

Subpoena

Court order to produce documents or appear to testify.

Appellate Courts

Review lower court decisions for legal errors; no new evidence heard.

Intentional Torts

Torts requiring intent, such as assault, battery, and false imprisonment.

Assault

Intentional act causing fear of immediate harmful or offensive contact.

Battery

Intentional harmful or offensive physical contact.

False Imprisonment

Intentionally restraining someone without justification.

Defamation

False statements that harm reputation.

Libel

Written defamation.

Slander

Spoken defamation.

Trespass

Entering or remaining on another's property without permission.

Conversion

Wrongfully taking or using someone's personal property.

Negligence

Failure to exercise reasonable care, causing harm.

Elements of Negligence

Duty, breach, causation, damages.

Negligence Per Se

Automatic negligence due to violation of a safety statute.

Strict Liability

Liability without fault, usually for dangerous activities or defective products.

Discharge by Performance

When both parties fulfill contractual duties.

Material Breach

Major failure to perform that allows the other party to sue.

Remedies for Breach of Contract

Monetary damages or equitable relief.

Compensatory Damages

Damages that cover actual losses.

Consequential Damages

Foreseeable indirect losses (like lost profits).

Punitive Damages

Damages meant to punish wrongful conduct; rare in contracts.

Nominal Damages

Small amount awarded when breach occurred but no loss.

Rescission

Cancellation of a contract.

Reformation

Court changes the contract to reflect true intent.

Injunction

Court order to do or stop doing something.

Specific Performance

Court orders performance of the contract; used for unique goods or real estate.

Mitigation of Damages

The non-breaching party must reduce their losses where possible.

Liquidated Damages

Pre-set damages in a contract; enforceable if reasonable.

ADR (Alternative Dispute Resolution)

Non-court methods of resolving disputes.

Mediation

Neutral third party helps parties reach a voluntary agreement.

Non-Binding Arbitration

Arbitrator's decision is advisory; not enforceable.

Binding Arbitration

Arbitrator's decision is final and enforceable.

Agency Functions

Rulemaking, enforcement, and adjudication.

Administrative Law Judge (ALJ)

Judge who presides over agency hearings; no juries used.

Exhaustion Rule

Parties must use all agency appeal procedures before going to court.

Freedom of Information Act (FOIA)

Public can request federal agency records.

Sunshine Act

Requires agencies to hold public meetings (with exceptions).

Agency Enforcement Tools

Subpoenas for documents or testimony.