Bench Trial – The trial of a matter where the court sits w/o a jury; trial by a judge. Both parties must wave any constitutional right to a jury.
Doctrine of forum non conveniens – A court declines jurisdiction because it believes a case can proceed more conveniently in another court. Pg. 140
Domicile – The place where and individual has a permanent place of residence.
Diversity of citizenship jurisdiction – Grants the federal courts jurisdiction over cases in which a citizen from one state is suing another state or a citizen of another state. Subject to a jurisdictional amount of $10,000.00. Barron’s pg. 151
Erie doctrine – Federal law applies in federal court and state law applies in federal court where it is a matter of the state. Pg. 150
Federal Question Jurisdiction – Cases where the question involves claims based on the Constitution, laws, or treaties of the US. Pg. 149.
Forum State – Due process prohibits a court from exercising personal jurisdiction over a party unless that person has sufficient minimum contacts with the state in which the court is located. Satisfied if the defendant’s actions are reasonably under the jurisdiction of said court. Pg. 133
General Appearance – Where a part appears and participates in a proceeding for any reason other than for the purpose of attacking the court’s jurisdiction.
General Jurisdiction – Courts of general jurisdiction are authorized to handle most types of controversies. Pg. 132
Intermediate Appellate Court – A court that sometimes exists in the state system prior to the federal court of appeals.
In Personam Jurisdiction – Every corporation has been incorporated by one of the 50 states and as such is subject to its in personam jurisdiction. Pg. 135 An in personam decision imposes liability on a person and is personally binding. Pg. 137. In every case a plaintiff consesnts to in personam jurisdiction. Pg. 133
In rem jurisdiction – A state court has jurisdiction over property located w/in its borders. The property may be real or personal. A decision in rem is directed against the property itself and resolves disputes about property rights. Pg. 137.
Judgment creditor – When the court levies a financial judgment against a def. It is called a judgment debtor.
Judgment debtor – The person that a judgment creditor must be paid to. Pg. 133
Jurisdiction – Is the power or authority of the court to determine the merits of a dispute and to grant relief.
Jurisdiction Amount – An amount of money that is sometimes required in order for a certain court to have jurisdiction.
Limited Jurisdiction – Certain courts are limited to the types of cases that they can hear, i.e. a juvenile court can’t hear a adult capital murder case. Pg. 145, pg. 139.
Long-Arm Statutes – Permits the exercise of personal jurisdiction over nonresident defendants who have had sufficient minimum contacts wit the forum state. Pg. 134.
Minimum contacts requirement – Satisfied if the actions and connections with the forum state are such that he or she should reasonably expect to be subject to jurisdiction. Pg. 134.
Motion for summary judgment – If the parties agree about the facts of the case but disagree about the law the judge can dispose of the case via summary judgment. Pg. 128.
Original Jurisdiction – The power to take note of a suit at its beginning, try it, and pass judgment on the law and the facts of the controversy. Pg. 130
Quash – To annul, overthrow, or vacate by judicial decision. Oppresive and unusual subpoenas can be quashed, as can injunctions and orders.
Residual jurisdiction – These courts are a court of original jurisdiction.
Removal Jurisdiction – When a defendant requests that the case be moved to federal court from state court. Provided that both parties are under the jurisdiction of the federal court. Pg. 154.
Special Appearance – When one party requests a hearing to dispute the jurisdiction of the court that is trying the case. If the defense eneters an argument they are in effect consenting to jurisdiction. Pg. 134.
Special Verdict – The jury answers specific questions related to the facts of the case. A special verdict is used to focus the jury’s attention on the evidence and the factual disputes in the case. Pg. 128.
Subject Matter Jurisdiction – Certain courts can only hear cases that pertain to certain subject matter, i.e. the US Supreme Court hears cases of Constitutional questions. Pg. 145.
Summons – (also called process) – A mandate requiring the appearance of said defendant in said action under penalty of having judgment entered {against him} for failure to do so. Barron’s Pg. 497.
Venue – The neighborhood; the county in which a particular lawsuit should be tried; the county from which the jury is pooled. Often regulated by various state an federal statutes. Glossary.
Writ of Certiorari – Used by a superior court to order the lower court to produce the proceedings of a given case for examination.