Chapter 2 Civil Litigation 8th Edition Kerley Definitions

Affirm

An appellate court's upholding of the lower court's decision.

Appellate Jurisdiction

The power of a court to review the decision of a lower court or administrative agency.

Attachment

Seizing property pursuant to a court order and giving the court the right to make orders regarding disposition of the property.

Briefs

A written analysis of the facts and law related to a case, and filed in a trial or appellate court. Briefs are also filed in the Supreme Court.

Certiorari

A term used in connection with appellate proceedings indicating that the reviewing court wants the lower court to send the higher court its record, so that the proceeding can be reviewed. When parties ask the U.S. Supreme Court to hear a case, they often file a petition for writ of certiorari, which, if granted, means that the Supreme Court will review the record in the case.

Concurrent Jurisdiction

Power or authority of more than one court system to hear a case.

Court of Apeals

A court of review; this court reviews decisions from a trial court.

Diversity of Citizenship

A basis for federal court subject matter jurisdiction under 28 U.S.C. § 1332 existing when no plaintiff and no defendant are the citizens of the same state and the amount in controversy exceeds $75,000, or when one party is a citizen of a state and the other is a citizen of a foreign state.

Exclusive Jurisdiction

Power or authority to hear a case that belongs to one court system only (i.e., federal or one state court system).

General Appearance

Either a physical appearance or filing of documents in a court, without specifically limiting the purpose of the appearance; a general appearance confers personal jurisdiction on the court on the party appearing.

General Jurisdiction

The power of authority of a court to hear cases that are not within the exclusive jurisdiction of a different court.

Higher Courts

Another term for a court with appellate jurisdiction.

In Rem Jurisdiction

The authority of a court to hear a case based on the fact that property, which is the subject of the lawsuit, is located within the state in which the court is situated.

Jurisdiction

The power that a court has to hear a particular case; requires that a court has the power to hear the type of case (subject matter) and that a court has power to render a decision against a particular defendant (personal) or over property (In Rem).

Legal Error

A mistake in the way the court interprets or applies the law.

Limited Jurisdiction

Authority to hear only certain kinds of cases.

Long-Arm Statutes

A state law that defines the right of state courts to exercise jurisdiction over nonresident defendants.

Lower Court

Another term for a trial court.

Motion to Quash Service of Summons

A request that the court declare that service of the complaint and summons is invalid either because the court lacks jurisdiction over the defendant or because of some procedural problem with the service itself.

Original Jurisdiction

The power of a court to conduct a trial in a case; confers a court the right to be the first court to hear the matter.

Personal Jurisdiction

The power of authority of the court to make a ruling affecting the parties before the court.

Quasi in Rem Jurisdiction

Authority of a court to hear a case based on the fact that the defendant owns property that is located within the state, even though that property is not the subject of the lawsuit.

Remand

The act of an appellate court sending a case back to the lower court after reversing a decision, often with specific instructions as to how the lower court must deal with the case.

Removal

Generally, the transfer of a case from a state court to a federal court where concurrent jurisdiction exists and the case was initially filed in a state court.

Reverse

The act of an appellate court setting aside the decision of a lower court.

Special Appearance

An appearance in court (either in person or by filing documents) for a limited purpose, often contesting jurisdiction.

Subject Matter Jurisdiciton

The authority that a court has to hear a particular type of case.

Supplemental Jurisdiciton

A federal court's right to decide a claim based on a nonfederal issue if this claim depends on the same set of facts as does a federal claim the case before the court.

Supreme Court

A name given to the highest court in the federal court system and to many, but not all, of the highest court in state court systems.

Trial Court

A court where the parties to a lawsuit file their pleadings and present evidence to a judge or jury.

Venue

Among all the courts that have jurisdiction, venue defines the specific geographical location of the court or courts where an action should be brought. In the federal system this determines which is the proper district. In state court systems, this often determines the proper county or counties.