A claim that based on the law and facts, is sufficient to support a lawsuit
Statute
A las enacted by a state legislature or by Congress
Stare Decisis
The doctrine that nromally once a court has decided on an issue, other courts in the same jurisdiction will decide the same way
Affirm
Higher courts agree with lower court decisions
Reverse
High court disagrees with lower court decisions
Concurring opinion
Agrees with majority result but disagrees with the reasoning
Dissenting opinion
Disagrees with majorities decision and reasoning
Common Law
Law created by the courts
Equity
Allow judges to take action when the law would normally limit their decisions
Injunction
Court requiring a party to perform a specific act or to cease doing a specific act
Specific performance
Requirment that a party fufill his or her contractual obligations
Preemption
Federal goverment's power to prevent states from passing conflicting laws and sometimes prohibits states from passing any laws on a particular subject
Plantiff
Person who initiates a lawsuit
Defendant
The person who is sued (civil case) or person being charged with a crime (criminal)
Standard of proof: beyond reasonable doubt
Used in criminal trials; evidence presented must be complete that there are no reasonable doubts regarding the guilt of the accused
Standard proof: preponderance of the evidence
Commonly used in civil trials; must prove that it is more likely than not that the defendant commited the wrongful act
Damages
Civil Case; 3Types:
-Compensatory
-Punitive
-Nominal
Question of Fact
Questions to relating to what happened:
-who
-what
-when
-where
-how
Question of Law
Questions related to the interpretation or application of the law
Bench Trial
Trial without a jury
Jury Trial
A jury decides the facts and determines liability or guilt
Appellant
The personal filingthe appeal (also known as the petitioner)
Apellee
Party who won the trial court (also knownas the respondent)
Harmless error
Trial court eror that is not sufficient to warrant reversing the decision
Diversity Jurisdiction
The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amount controversy > $75,000
Arbitration
A 3rd party decides the disagreement between the 2 parties and comes to a binding decision
Mediation
Neutral 3 party assists parties reaching a mutally agreeable, voluntary comprimise
Standing
Principle that courts cannot decide abstract issues or render advisory opinions; limited to deciding cases that involve litigants who are personally affected by the courts decision
Jurisdiction
The power of a court to hear a case
Personal Jurisdiction
Power of a court to force a person to appear before it
Minimum contacts
Fairness requirement that a defendant must have at least a certian minimum level of contact with state before state courts can have a jurisdiciton over the defendant
Statute of limitations
Law that sets the length of ime from when something happens to when a lawsuit must be filed before the right to bring it is lost
Complaint
The pleading that begins a lawsuit
Answer
Defendant's reply to complaint
Summons
Notice informing defendant of the lawsuit and requiring the defendant to respond or risk losing the suit
Summary Judgement Motion
Request that court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the movin party is entitled to judgment as a matter of law
Interrogatories
Written questions sent by one side to the opposing side; answered under oath
Deposition
Pretrial oral quesitoning of a witness; answered under oath
Subponea Duces Tecum
Court order that a person who is not a party to litigation appear at trial and bring requested documentation
Voir Dire
Examination of prospective juror to see if he or she is fit to serve a specific case
Challenge for cause
method for excusing prospective juror based on the inability to serve in an unbiased manner
Peremptory Challenge
Method for excusing a prospective juror; no reason needed
Direct Examination
Questioning of your own witness
Cross Examination
Questioning of opposint witness
Motion for judgment notwithstanding the verdict (JNOV)
A judgement that reserves the verdict of the jury when the verdict had no reasonable factual support or was contrary to law
Motion for a new trial
Request that a court order a rehearing of a lawsuit because irregularities such as errors of the court or jury misconduct make it probable that an impartial trial did not occur
Default judgment
Judgment entered against a party who fails to complete required step
Subponea
Court requiring a person to appear to testify at a trial or deposition