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Module 2
American Legal Systems and Procedures
| Term | Definition |
|---|---|
| Jurisdiction | A court's authority to hear a case. |
| Personal Jurisdiction | A court's ability to have authority over a certain individual or business. |
| In rem jurisdiction | A court's ability to have authority over property. |
| Subject Matter Jurisdiction | A court's ability to have authority over the subject matter of the case. For example, a party cannot probate a will in traffic court, or sue for $1M in small claims court. |
| Federal Court System | Consists of courts of limited jurisdiction: Bankruptcy Court and the Tax Court, trial courts of general jurisdiction, called U.S. District Courts, appellate courts that are organized into circuits, and a high court, called the U.S. Supreme Court |
| Court of Limited Jurisdiction | A court of limited jurisdiction can only hear particular types of cases. Federal Bankruptcy Court hears all personal and corporate bankruptcies. Federal Tax Court hear cases involving tax law. It cannot hear any other type of federal or state case. |
| Court of General Jurisdiction | A court of general jurisdiction can hear a variety of different types of cases such as federal criminal law, employment law, worker safety, environmental law, trade secrets act violations, patents, and securities law. |
| U.S. District Court | A federal court of general jurisdiction. |
| U.S. Supreme Court | The highest court in the federal and in the U.S. court system as a whole, is the U.S. Supreme Court which hears appeals from the U.S. Courts of Appeals. and may sit as a trial court in lawsuits between the states and those involving ambassadors. |
| State Court | A court system based on state law and organized according to the structure set forth in state laws. A State Court system will have the same basic organizational structure as the Federal Court system, only the court names will be different. |
| Venue | Venue pertains to which court within a particular court system is the proper one to hear the case. |
| Standing | The term "standing" refers to the ability of the plaintiff to bring a case in court. In order to have standing to sue, the plaintiff has to have suffered a legal injury at the hands of the defendant. |
| Burden of Proof | The standard by which a party must present evidence to prove that which is claimed. |
| Preponderance of the evidence | For the "preponderance of the evidence" standard, the plaintiff must prove their case is more likely than not to be true (over 50% proof). It's the lowest burden in US law. 50.00001% is enough to win. |
| Beyond a Reasonable Doubt | "Beyond a reasonable doubt" is the standard of proof in a criminal case. It does not require 100% certainty that the defendant is guilty of the crime charged. However, it does require only a reasonable amount of doubt as to his guilt. |
| Parties | Essential people connected with a court case, including Plaintiff and/or Defendant. |
| Complaint | The Complaint is the first pleading filed by the plaintiff to start a civil lawsuit. Filed in the appropriate court, it states the court's jurisdiction and details the factual allegations that form the basis (elements) of the plaintiff's legal claim. |
| Answer | The Answer is the defendant's responsive pleading to the Complaint. In his Answer, the defendant will respond by admitting, denying, or stating he is without sufficient facts to admit or deny, each allegation in the plaintiff's Complaint. |
| Pre-trial Motions | After the Complaint and Answer have been filed, either party may file one or more pre-trial motions. These may include a motion to dismiss, motion for judgment on the pleadings, or motion for summary judgment. |
| Discovery | The Discovery phase is the longest part of the litigation process and can last 18 months or more. During discovery, the parties request evidence from one another and from third parties in order to determine all facts that are relevant to the case. |
| Interrogatories | Interrogatories are questions sent to the opposing party to gather evidence in the case that are answered under oath. |
| Depositions | A deposition is an interview with a party or a witness, taken under oath, with attorneys present that is transcribed by a court reporter and often videotaped, as well. |
| Ediscovery | Today, much of the discovery is electronic, which is called ediscovery. |
| Pre-trial conference | After the conclusion of discovery, the court will schedule a pre-trial conference. During this conference, the court will inquire about the possibility of a settlement or whether there are any issues that can be resolved prior to the trial. |
| Voir dire | The phase in jury selection where attorneys ask prospective jurors questions to determine whether they can fairly and impartially hear the case. |
| Appeal | An appeal is a party's request for an appellate court to review a case and ensure issues of law (legal rulings) were correctly decided. Appellate courts rarely review issues of fact, deferring to the jury as the best deciders of facts. |
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