Federal Courts, Civil Procedure, and Torts – Vocabulary Flashcards

Vocabulary flashcards covering key terms from the notes on federal courts, procedures, and torts.

stare decisis

Latin for 'let the decision stand'; the body of law that serves as precedent for determining later controversies and guides lower courts.

appeals courts

Federal courts that review decisions of district courts; do not hear new evidence but examine the record for prejudicial error.

special courts

Courts with jurisdiction over specific areas of federal law (e.g., tax, military); include courts like the U.S. Tax Court.

district courts

General trial courts of the federal system where issues of fact are decided; geographically organized by state or region.

original jurisdiction

First instance jurisdiction where the Court hears certain cases directly (e.g., disputes between states, cases involving federal law, habeas corpus).

writ of certiorari

Most common method by which the Supreme Court reviews a case; a petition requesting review of a lower court decision.

diversity of citizenship

Federal jurisdiction basis where parties are from different states or countries; corporations are citizens of their state of incorporation and principal place of business.

pleadings

Formal written statements by parties in a lawsuit that establish the issues in dispute.

complaint

Initial pleading by the plaintiff stating the facts and legal basis for the claim.

summons

Notice issued to a defendant that a lawsuit has been filed and to appear or respond; service establishes court jurisdiction.

demurrer

Motion to dismiss a case for failure to state a valid claim, assuming the facts alleged are true.

discovery

Pretrial process of obtaining information from the opposing party, including depositions, interrogatories, and more.

pretrial depositions

Sworn, out-of-court testimony used to gather information before trial.

interrogatories

Sworn written questions directed to the opposing party with responses under oath.

physical examination

Medical exam of a party, ordered by the court, to assess physical condition relevant to the case.

requests for admissions

Formal requests to admit or deny facts to narrowing the issues at trial.

summary judgment

Judgment entered when there is no genuine dispute about material facts, allowing early resolution without a trial.

trial

Legal proceeding where evidence is presented and a judge or jury determines the outcome; includes rights to a jury trial in many cases.

arbitration

A nonjudicial, binding decision made by a neutral arbitrator, often cheaper and faster than a trial.

mediation

A nonbinding process where a mediator helps parties reach a resolution, but does not render a binding decision.

Declaration of Independence

July 4, 1776 document announcing the colonies’ separation from Great Britain; established the United States as sovereign entities.

Separation of Powers

Division of governmental powers among executive, legislative, and judicial branches to provide checks and balances.

Judicial Review

Process by which courts examine government actions for constitutionality; Supreme Court is the final authority on constitutional issues.

Tort

A civil wrong or injury for which a remedy (typically damages) may be sought.

battery

Intentional harmful or offensive bodily contact, which can include touching clothes or objects in contact with the person.

assault

Intentional act creating reasonable apprehension of imminent harmful or offensive contact.

false imprisonment

Intentional confinement of a person without legal justification.

infliction of emotional distress

Extreme and outrageous conduct causing severe emotional distress.

recklessness

Conscious disregard of a substantial risk or indifference to consequences when acting.

defamation

False communication that harms a person’s reputation; can be written (libel) or spoken (slander).

libel

Written or published defamation.

slander

Oral defamation.

negligence

Failure to exercise reasonable care, resulting in harm to another.

malicious prosecution

Wrongful and improper use of legal process to harass or oppress; lack of probable cause and/or improper purpose.

wrongful civil proceedings

Civil counterpart to malicious prosecution, filing civil actions without a legitimate basis to obtain information or advantage.

abuse of process

Misuse of legal proceedings for purposes other than their intended function, even if probable cause exists.

trespass to real property

Intentional entry onto or remaining on someone else’s land or causing an object or third party to do so.

trespass to personal property

Intentional dispossession or unauthorized use of someone else’s personal property.

conversion

Intentional exercise of dominion or control over someone else’s personal property to the extent that full value must be paid.

disparagement

Publication of false statements that harm someone’s economic interests; differs from defamation which concerns reputation.

respondeat superior

Employer liability for employee torts committed within the scope of employment; the employee may also be liable.

elements of negligence

Legal components: duty, breach, causation, and damages.

duty

Legal obligation to conform to a standard of conduct to protect others from unreasonable harm.

breach

Failure to meet the standard of care or duty owed.

damages

Compensation awarded for harm or injury caused by a tort.

proximate cause

Cause that is legally sufficient to hold the defendant liable; foreseeability links the conduct to the injury.

reasonable person standard

A hypothetical standard of behavior used to judge whether conduct is negligent; considers age, disability, skill, emergencies.

emergencies standard

In urgent, unforeseen situations, conduct is measured against a reasonable person under the circumstances.

negligence per se

Negligence established by violation of a statute; e.g., running a red light creates a presumption of negligence.

special relationships

Relationships that create a duty to aid or protect (e.g., common carrier-passengers, innkeeper-guests, employer-employee, school-students).

duty to invitees

Duty owed to invitees (people invited onto property for public or business purposes) to keep premises safe and warn of hazards.

factual cause

Actual cause; the 'but-for' cause of an injury.

res ipsa loquitur

'The thing speaks for itself'; circumstantial evidence permitting an inference of negligence when the cause is apparent and unlikely absent negligence.

intervening cause

Event occurring after the defendant’s act that contributes to the harm; its foreseeability affects liability.

superseding cause

Unforeseeable intervening cause that breaks the chain of causation, relieving the defendant of liability.

contributory negligence

Minority rule; plaintiff’s own negligence can bar recovery entirely.

comparative negligence

Majority rule; damages are allocated proportionally to each party’s fault; reduces liability rather than barring it.

abnormally dangerous activities

Activities that involve a high risk of serious harm not eliminable by reasonable care; typically subject to strict liability.

strict liability

Liability for injuries caused regardless of fault or intent; no need to prove negligence or intent.