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2012-05-27 01:19:51
Civil Procedures Vocabulary Paralegal

Civil Procedures Vocabulary Words
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  1. The laws and rules for conducting non-criminal lawsuits.
    Civil Procedure
  2. The person or party that brings or files the lawsuit.
  3. The initial pleading filed in a civil lawsuit, which includes claims being made and the specific help or amount being requested.
  4. The procedure where people accused of a crime are brought to trial and sentenced.
    Criminal Procedure
  5. The person who is sued or is accused and has to defend the lawsuit or claim.
  6. The initial pleading filed by a defendant that responds to the claims made in the complaint.
  7. Exchange of information between the parties involved in a lawsuit.
  8. The initial pleading filed in a family law or probate matter.
  9. The initial responsive pleading filed in a family law or probate matter that responds to claims made in a petition.
  10. Final decision in a case signed by the judge.
  11. The process of presenting evidence and witnesses, and deciding a case either by a judge or jury.
  12. A pleading submitted by a party requesting the judge to decide or rule on a matter.
  13. A hearing that is conducted in a matter that is worth less that $50,000 in a place of a trial.
  14. A process that is conducted to assist in settling a dispute – to persuade the parties to resolve the matter – a resolution cannot be forced.
  15. The six to twelve individuals that sit and hear the evidence and decide the issues of fact.
  16. The rules of handling a case – what pleadings to file, the deadlines involved.
    Procedural Law
  17. The area of law that creates, defines or explains what our rights are.
    Substantive Law
  18. Books and texts that contain case law.
    Primary Sources
  19. To reach an agreement in order to resolve a case.
  20. Failure to file a responsive pleading in a lawsuit, which causes the individual who brought the lawsuit to take the necessary steps to obtain an award of money, damages or other relief requested.
  21. A court where the parties to a lawsuit file their pleadings and present evidence to the Judge or jury. Also referred to as a lower court.
    Trial Court
  22. The geographical area in which a court has a right and power to hear a matter.
  23. The location or neighborhood where a case should be filed or handled.
  24. The power or authority of a court to hear a case, try and decide it.
    Original jurisdiction
  25. The highest court in the U.S. In some states it’s also the highest court in that state.
    Supreme Court
  26. Another name for a federal court – there are 94 of these courts in the United States.
    District Court
  27. Also referred to as a higher court. It’s a court that hears appeals.
    Court of Appeals
  28. The authority to hear a case based on the fact that property is the subject of the lawsuit.
    In rem jurisdiction
  29. Involves individuals on opposite sides of the case that live in different states or one lives in the U.S. and the other is from another country.
    Diversity of citizenship
  30. The power or authority to make a ruling affecting the parties before the court.
    Personal jurisdiction
  31. When the higher court sends back a case to a lower court directing the lower court to take action.
  32. Authority to hear only certain kinds of cases.
    Limited jurisdiction
  33. When a higher court sets aside a lower court’s judgment or ruling.
  34. When two courts have the power to hear a case.
    Concurrent jurisdiction
  35. When a higher court agrees with a lower court’s decision or action.
  36. A position where one’s own needs could lead to a violation of duty owed to a client.
    Conflict of interest
  37. Facts sufficient to support a valid lawsuit.
    Cause of action
  38. A time limit imposed by statute for which something must be done or filed.
    Statute of limitations
  39. A calendaring system.
    Tickler system
  40. A legal fee based on a fixed amount.
    Flat fee
  41. payment of attorney fees based on an agreed upon percentage.
    Contingency fee
  42. Legal expenses incurred in a case.
  43. An employment contract between an attorney and client.
    Retainer agreement
  44. A bank account used specifically for client’s funds.
    Trust account
  45. Extending time or when time stops running.
    Tolling the statute