Legal Terminology Chapter 1.
Court Systems and Jurisdiction.
Pertaining to the sea.
Alternative Dispute Resolutions
Procedures for settling disputes by means other than litigation.
A request to a higher court to review the decision of a lower court.
Courts that review the decisions of lower courts. Also called courts of appeal.
The power to hear a case when it is appealed.
A method of settling disputes in which a neutral third party in an arbitration session who listens to both sides and makes a decision with regard to the dispute.
Regardless of which side the arbitrator rules in favor of.
A neutral third party in an arbitration session who listens to both sides and makes a decision with regard to the dispute.
Arbitration in which the decision of the arbitrator will prevail and must be followed.
The mediator uses his or her listening skills and the ability to ask probing questions in an attempt to learn what the interests are behind each side's demands.
Certiorari Denied (cert. den.)
Abbreviation meaning certiorari denied. certiorari meaning to be informed of.
Change of Venue
A change in the place where the trial is held.
Name given to division of U.S. district courts.
A systematic collection of statutes, administrative regulations, and other laws.
Arbitration that is required by agreement or by law. Also called mandatory arbitration.
An informal process in which a neutral third person listens to both sides and makes suggestions for reaching a solution. Also called Mediator.
A neutral third person in a conciliation session who listens to both sides and makes suggestions for reaching a solution. Also called Mediator.
The power of two or more courts to decide a particular case.
A body of government organized to administer justice.
Courts of Appeal
Courts that review the decisions of lower courts. Also called appellate courts.
Diversity of Citizenship
A phrase used in connection with the jursidiction of the federal courts.
The power of one court only to hear a particular case to the exclusion of all other courts.
Federal District Courts
U.S. District Courts are also called federal district courts.
A matter that involves the U.S. Constitution, acts of Congress, or treason.
Forum non Conveniens
The right of a court to refuse to hear a case if it believes that justice would be better served if the trial went to a different court.
In Personam Action
A lawsuit in which the court has jurisdiction over the person.
In Personam Jurisdiction
(Personal jurisdiction) means jurisdiction over the person
In Rem Action
A lawsuit that is directed against property rather than against a particular person.
The power or authority that a court has to hear a case.
The title given to the highest appellate court judges.
A lawsuit that can occur only in one place.
Statutes that allow one state to reach out and obtain personal jurisdiction over a person in another state.
Arbitration that is required by agreement or by law. Also called compulsory arbitration.
Pertaining to the sea.
An informal process in which a neutral third person listens to both sides and makes suggestions for reaching a solution. Also called conciliation.
A neutral third person in a mediation session who listens to both sides and makes suggestions for reaching a solution. Also called a conciliator.
is a two-party process by which each side, without the help of a neutral third party, attempts to conclude its dispute by bargaining with the other until one side agrees to the other side's offer settlement.
Informal trials run by private organizations established for the purpose of settling disputes out of court.
Arbitration in which the arbitrator's decision is simply a recommendation and need not be complied with.
The power to hear a case when it first goes to court.
Complete jurisdiction over both the parties and the subject matter of a lawsuit.
Quasi In Rem Action
A lawsuit in which the court has jurisdiction over the defendant's property but not over the defendant's person.
The property, the thing.
A law passed by a legislature.
A lawsuit that may be brought in more than one place as long as the court in which it is heard has proper jurisdiction.
The place where the trial is held.
Writ of Certiorari
An order from a higher court to a lower court to deliver its records to the higher court for review.