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The laws and rules for conducting non-criminal lawsuits.
Civil Procedure
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The person or party that brings or files the lawsuit.
Plaintiff
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The initial pleading filed in a civil lawsuit, which includes claims being made and the specific help or amount being requested.
Complaint
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The procedure where people accused of a crime are brought to trial and sentenced.
Criminal Procedure
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The person who is sued or is accused and has to defend the lawsuit or claim.
Defendant
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The initial pleading filed by a defendant that responds to the claims made in the complaint.
Answer
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Exchange of information between the parties involved in a lawsuit.
Discovery
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The initial pleading filed in a family law or probate matter.
Petition
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The initial responsive pleading filed in a family law or probate matter that responds to claims made in a petition.
Response
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Final decision in a case signed by the judge.
Judgment
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The process of presenting evidence and witnesses, and deciding a case either by a judge or jury.
Trial
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A pleading submitted by a party requesting the judge to decide or rule on a matter.
Motion
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A hearing that is conducted in a matter that is worth less that $50,000 in a place of a trial.
Arbitration
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A process that is conducted to assist in settling a dispute – to persuade the parties to resolve the matter – a resolution cannot be forced.
Mediation
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The six to twelve individuals that sit and hear the evidence and decide the issues of fact.
Jury
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The rules of handling a case – what pleadings to file, the deadlines involved.
Procedural Law
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The area of law that creates, defines or explains what our rights are.
Substantive Law
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Books and texts that contain case law.
Primary Sources
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To reach an agreement in order to resolve a case.
Settlement
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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.
Default
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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
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The geographical area in which a court has a right and power to hear a matter.
Jurisdiction
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The location or neighborhood where a case should be filed or handled.
Venue
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The power or authority of a court to hear a case, try and decide it.
Original jurisdiction
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The highest court in the U.S. In some states it’s also the highest court in that state.
Supreme Court
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Another name for a federal court – there are 94 of these courts in the United States.
District Court
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Also referred to as a higher court. It’s a court that hears appeals.
Court of Appeals
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The authority to hear a case based on the fact that property is the subject of the lawsuit.
In rem jurisdiction
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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
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The power or authority to make a ruling affecting the parties before the court.
Personal jurisdiction
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When the higher court sends back a case to a lower court directing the lower court to take action.
Remand
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Authority to hear only certain kinds of cases.
Limited jurisdiction
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When a higher court sets aside a lower court’s judgment or ruling.
Reversal
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When two courts have the power to hear a case.
Concurrent jurisdiction
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When a higher court agrees with a lower court’s decision or action.
Affirm
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A position where one’s own needs could lead to a violation of duty owed to a client.
Conflict of interest
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Facts sufficient to support a valid lawsuit.
Cause of action
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A time limit imposed by statute for which something must be done or filed.
Statute of limitations
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A calendaring system.
Tickler system
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A legal fee based on a fixed amount.
Flat fee
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payment of attorney fees based on an agreed upon percentage.
Contingency fee
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Legal expenses incurred in a case.
Costs
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An employment contract between an attorney and client.
Retainer agreement
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A bank account used specifically for client’s funds.
Trust account
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Extending time or when time stops running.
Tolling the statute
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