POL 220 Chapter 13: Civil Procedure Before Trial

statutes that govern the rights and obligations between individuals

informal, out-of-court dispute resolution process; a mediator, or neutral person, assists the parties in reaching an agreement

an out-of-court hearing before a neutral party who listens to two or more disputing parties and renders a decision resolving the dispute

failure to respond to a filed pleading, typically a complaint, which results in a right to request the court to assume the allegations presented in the document are true and rule in the favor of the party who filed the document

procedural rules adopted by an individual court for practice in that specific court

legal claim upon which a plaintiff asserts they are owed damages or other relief

court remedy in civil lawsuit other than monetary damages, such as an injunction or specific performance

civil action in which one party is seeking money damages

civil case in which one party is seeking equitable or specific relief, such as specific performance of a contract or an injunction

courts of equity

the authority of a court to hear a particular type of case and resolve the dispute in question

case that involves a federal law, either in statutes, the Constitution, or in treaties and is codified under 28 U.S.C. 1331

transfer of a case from state courts to federal court by the defendant in an action

power of the federal court to hear an issue which would normally belong in state court if that issue is related to the adjudication of a federal question

ability of a court to bring exercise authority over a particular defendant

the amount of contact that a defendant must have within a particular jurisdiction for courts in that jurisdiction to have personal jurisdiction over that defendant

allow a court to exercise personal jurisdiction over an out-of-state defendant based on sufficient minimum contacts within the state

when the lawsuit exists based on acts committed in the state

when people target a particular location

jurisdiction conferred on a court that may lack personal jurisdiction because the “thing” that is the subject of the dispute is located within the state

jurisdiction based on personal property located within the state; any judgment is limited to an amount equal to the value of property

request by a plaintiff to a court to seize property within the court’s jurisdiction to ensure the satisfaction of a judgment or an anticipated judgment if the case is resolved in favor the plaintiff

proper geographical court in which to file an action

formal written allegations filed with the court by both sides to a lawsuit; claims and defenses are clearly set out so that both parties are placed on notion of the position of the opposing party

document filed in a civil or criminal lawsuit that describes the allegations of the plaintiff and the basis for the lawsuit

pleading used by the defendant to respond to the plaintiff’s complaint

pleading in which the defendant asks for damages or other relief from a plaintiff

claim that one defendant has against another defendant; asks for damages or other relief from a co-defendant

pleading in which the defendant asks for damages or other relief from a new party to the action

officer of the court who maintains all records

initial filing in a case that requests the court make a ruling on an issue

person who files a petition

document used to begin a legal action; served on the defendant and tells the defendant to appear in court and respond to the charge or risk a default

file appropriate documents in the action

actual process of giving the defendant a copy of the plaintiff’s pleading

to deliver documents to another party in accordance with legal requirements

documents delivered to a defendant personally

leaving a copy of the summons and complaint at a person's home or work

must obtain a court order first, literally publishes the complaint

documents served by certified mail

informal service

document that details when and how papers were served; it is signed under penalty of perjury by the person serving the papers

responsive pleading that denies each and every allegation contained in the complaint

a detailed or specific responsive pleading; it addresses each allegation by number

request that the court take some action and issue a ruling or an order

pleading used in some states to challenge the legal sufficiency of the complaint

special type of lawsuit where numerous parties who have suffered the same injury are represented by a few named individuals to pursue the action on behalf of everyone

request that is filed with the court before the trial commences

party that files a motion with the court

party that is served with a motion and needs to respond to that motion

pretrial process of acquiring information; the most common discovery tools are written interrogatories, depositions, and requests for production of documents and things

written requests for answers to questions, this discovery tool is used by the parties; written responses are required

written request by one party to another to admit or deny the truth of a statement or the genuineness of a document

written request by one party to another to allow one side to see and copy documents or to physically inspect real or personal property that is relevant to the lawsuit

testimony of a witness, given under oath, outside the courtroom and taken before a court reporter; the deponent will be asked questions by the attorney who requested the deposition

order by the court to produce documents or provide testimony in court

court order requiring the production of corporate financial records, documents, or other materials and to testify as to their authenticity and content at either a hearing or deposition

court order to an individual who is not a party to the lawsuit requiring them to provide business records and appear at a deposition

meeting between the attorneys and the judge that takes place before trial

when the parties reach an agreement on some or all of the issues without going to trial

a settlement agreement that ends a case