| A | B |
|---|
| adjudicate | To decide disputes between parties by applying the law to the facts of the dispute. |
| allegations | Numbered paragraphs in a complaint setting forth the background and reasons for filing a suit. |
| appeal | A proceeding brought to a higher court to review a lower court’s decision. |
| appellate court | A court hearing jurisdiction of appeal and review. |
| appellate jurisdiction | Authority of a court to review cases tried in lower courts. |
| caption | The title of the case as set forth on pleading and other documents filed with the court. |
| closed hearings | Hearings at which members of the general public are not allowed as spectators. |
| common law | Law based on precedent, i.e., case law and court opinions. |
| concurrent jurisdiction | Jurisdiction granted in different courts at the same time over the same matters. |
| constitutional law | Law set forth in the Constitution of the United States and in state constitutions. |
| court | Tribunal with judicial authority to handle the administration of justice. |
| court rules | Regulations with the force of law governing practice and procedure in the various courts. |
| default | (1) Failure of the defendant to appear and answer the summons and complaint. (2) Failure to comply with the terms of a contract. |
| diversity of citizenship | A term used to mean that the party on one side of a lawsuit is a citizen of one state and the other party is a citizen of another state. |
| ex parte | Refers to contact with the court by only one party in a legal dispute. |
| exclusive jurisdiction | The authority granted to a court to hear certain matters to the exclusion of all other courts. |
| findings of fact and conclusions of law | When a court determines what the true facts in a case are and what the appropriate law is that governs the case, generally, findings and conclusions are put in writing. |
| general jurisdiction | A court with no limitation as to the types of cases it can hear and no limitation as to monetary jurisdiction. Sometimes referred to as unlimited jurisdiction. |
| judgment | The written decision of a court to an action or suit submitted to the court for determination. |
| jurisdiction | (1) The power of a court to hear and try a case. (2) The geographic area in which a court has power or the types of cases it has power to hear. |
| jurisdiction in personam | The authority of a court to render a judgment against a person or to subject the disputed parties to the decisions and ruling made by it. |
| jurisdiction in rem | The authority of a court to render a judgment concerning property over which it has jurisdiction. |
| leave of court | Permission of court to take some action. |
| limited jurisdiction | Where a court is restricted in the type of case it can hear or in the amount of money involved in the litigation. |
| monetary jurisdiction | The minimum amount in controversy before the court has jurisdiction to hear the case. |
| open court | Hearings conducted in the courtroom at which members of the general public may be present as spectators. |
| order | Direction of a court or judge usually made in writing. |
| original jurisdiction | The authority granted to a court to hear and determine a matter for the first time, generally as a trial court. |
| pro se | Term used to designate a person who represents himself in court. |
| procedural law | The body of law that defines and describes the process to be followed to enforce substantive law, generally found in written court rules. |
| res judicata | The principle that states that once there has been a judicial decision the matter cannot be litigated again. |
| rules of court | Procedures and requirements adopted by all individual courts that must be followed when filing legal pleadings. |
| standing | A concept requiring that a person actually suffer injury before being permitted to sue. |
| stare decisis | The doctrine requiring courts to stand by earlier court decisions when hearing cases with similar fact situations. |
| statutory law | Law enacted by Congress, state legislatures, and local governments. |
| subject matter jurisdiction | The authority of a court to render judgment over the matter in a dispute. |
| substantive law | The statutory or written law that governs rights and obligations of those who are subject to it as opposed to procedural law. |
| trial court | The court of original jurisdiction; the first court to consider litigation. |
| venue | The authority of a court to hear a matter based on geographical location. |
| verification | A statement, generally given under oath, that the allegations in a complaint or petition are true and correct. |
| writ of certiorari | An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal; an order by the appellate court which is used by that court when it has discretion on whether or not to hear an appeal from a lower court. |
| jurisdiction in personam | jurisdiction over a person |
| jurisdiction in rem | jurisdiction over a thing (like a sea vessel) |
