Slides_Chapter 4

Jurisdiction

The authority of a court to hear a case and decide a specific action.

In personam jurisdiction

Court jurisdiction over the 'person' involved in a legal action; personal jurisdiction.

In rem jurisdiction

Court jurisdiction over a defendant’s property.

Long arm statute

A state statute that permits a state to obtain personal jurisdiction over nonresident defendants.

Minimum contacts

A legal standard used to determine if a court may exercise personal jurisdiction over an out-of-state defendant.

Diversity of citizenship

Federal court jurisdiction over a lawsuit between citizens of different states, or between a state citizen and a citizen of a foreign country.

General jurisdiction

Courts that can hear a wide range of cases, typically state trial courts and federal district courts.

Limited jurisdiction

Courts that can hear only specific types of cases, such as probate courts and bankruptcy courts.

Probate court

A state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person’s estate.

Bankruptcy court

A federal court of limited jurisdiction that handles only bankruptcy proceedings.

Original jurisdiction

The authority of a court to hear a case for the first time.

Appellate jurisdiction

The authority of a court to review the decision of a lower court.

Litigation

The process of resolving a dispute through the court system.

Alternative dispute resolution (ADR)

The resolution of disputes in ways other than those involved in the traditional judicial process.

Negotiation

A form of ADR where parties communicate directly to resolve their dispute.

Mediation

A form of ADR involving a neutral third party who helps the disputing parties reach a settlement.

Arbitration

A form of ADR where a neutral third party makes a binding decision to resolve the dispute.