The Court System and Civil Litigation

Flashcards covering key concepts and vocabulary related to the American court system and civil litigation.

Adversarial System

A legal system where parties to a lawsuit are responsible for presenting their evidence, with judges acting as impartial referees.

Jurisdiction

Authority of a court to hear a case, including subject matter jurisdiction, personal jurisdiction, and in rem jurisdiction.

Subject Matter Jurisdiction

The court's authority to hear the type of case presented, such as family, criminal, or civil law.

Personal Jurisdiction

The court's authority over the parties involved in the case, often based on where the parties are located or where the incident occurred.

Long Arm Statute

State laws that allow courts to claim jurisdiction over out-of-state defendants based on specific activities within the state.

Venue

The geographical location where a trial is held, determined by state law.

Trial Courts

Courts where cases are initially filed and heard, often featuring witnesses and evidence presentation.

Appellate Courts

Courts that review decisions made by trial courts, focusing on legal errors rather than new evidence.

Class Action Lawsuits

A type of lawsuit where a group of individuals with common injuries or claims collectively brings a case, often due to impracticality of individual suits.

Preponderance of the Evidence

The standard of proof in civil litigation, meaning that something is more likely true than not true (51% likelihood).

The Verdict

The decision made by a jury or judge in a trial regarding the outcome for the plaintiff or defendant.

Enforcement of Judgment

The process of taking action to collect a monetary judgment awarded by a court.