Litigation

Standing to Sue

The requirement that a person bringing a lawsuit must have a personal stake or injury in the case.

Genuine Case or Controversy

A requirement that there must be an actual dispute between the parties that requires resolution; courts cannot give legal advice or answer hypothetical questions.

Jurisdiction

The power of a court to hear a case, which can include subject matter jurisdiction and personal jurisdiction.

Subject Matter Jurisdiction

A court's authority to hear the type of case being presented.

Personal Jurisdiction

A court's power over the people involved in a case (the defendant).

Federal Question Jurisdiction

Federal courts can hear cases involving federal laws or constitutional issues.

Diversity of Citizenship Jurisdiction

Federal courts can hear cases between citizens of different states (or countries) when the amount in dispute exceeds $75,000.

Concurrent Jurisdiction

When different courts (state and federal) have the authority to hear the same case.

Removal of Case to Federal Court

A process allowing a defendant to move a case filed in state court to federal court under specific circumstances.

Personal (In Personam) Jurisdiction

The court must have power over the parties involved in a case based on their connections to the state.

Minimum Contacts

The constitutional standard for personal jurisdiction, requiring a defendant to have sufficient connection with the state.

Attorney-Client Privilege

Legal protection of communications between a lawyer and their client, with certain limits.

Legal Hold

A directive to preserve documents and data related to a legal matter.

Plaintiff

The person or party bringing the lawsuit.

Defendant

The person or party being sued.

Clerk of Court

The official who maintains court records and handles administrative tasks related to cases.

Summons

A legal document notifying a defendant that they are being sued and must respond.

Complaint

The document that begins a lawsuit, outlining the plaintiff's claims and desired court actions.

Motion to Dismiss

A request to the court to throw out the case due to legal reasons.

Answer

The defendant's formal response to the complaint, which may deny or admit the allegations.

Counter-Claim

When a defendant files their own claim against the plaintiff in the same case.

Cross-Claim

A claim brought by one defendant against another defendant in the same case.

Discovery

The process of exchanging information and evidence before trial.

Interrogatories

Written questions that one party sends to the other during discovery.

Requests for Production of Documents

Requests asking for documents that are related to the case.

Deposition

Testimony taken under oath outside of the court.

Motion for Summary Judgment (MSJ)

A request to decide the case without trial because the material facts are clear.

Voir Dire

The process of selecting jurors for a trial.

Fact Witness

A person who testifies about facts they know related to the case.

Expert Witness

A person with specialized knowledge who gives an expert opinion on technical matters.

Circuit Split

When different appellate courts rule differently on the same legal issue.

Res Judicata

A legal principle preventing a party from litigating the same issue after a final judgment.

Petition for Certiorari

A request for the U.S. Supreme Court to review a case.