Civil Procedure Vocabulary

Affirmed usually seeking reversal of territory, a litigant

In the practice of the court of that decision. having the right to
appeals, it means that the choose the court in
court of appeals has Appellee which to file the
concluded that the lower The party who opposes an action.
court decision is correct and appellant's appeal, and who 2. Jurisdiction shared
will stand as rendered by the seeks to persuade the by two or more
lower court. appeals court to affirm the states, esp. over the
district court's decision. physical boundaries
Alternative dispute (such as rivers or
resolution (ADR) Cause of action other bodies of
A procedure for settling a A legal claim. water) between
dispute outside the them.
courtroom. Most forms of Choice of forum clause
ADR are not binding, and A provision in a contract in
involve referral of the case to which the parties stipulate
that any lawsuit between Consent jurisdiction
a neutral party such as an Jurisdiction that parties have
arbitrator or mediator. them arising from the
contract shall be litigated agreed to, either by accord,
before a particular court or by contract, or by general
Amended Pleadings
in a particular jurisdiction. appearance.
A written pleading in a
lawsuit that is changed and *Parties may not, by
refiled as an amended Choice of law agreement, confer subject-
pleading by the party who A procedural stage in the matter jurisdiction on a
initially filed it. Pleadings are litigation of a case involving federal court that would not
amended for various the conflict of laws when it is otherwise have it.
reasons, including correcting necessary to reconcile the
facts, adding claims, adding differences between the laws Constructive Notice
affirmative defenses, or of different legal A legal fiction that signifies
responding to a court's jurisdictions, that a person or entity
finding that a pleading is should have known, as a
Complaint reasonable person would
inadequate as a matter of
A written statement that have, of a legal action taken
law.
begins a civil lawsuit, in or to be taken, even if they
Answer which the plaintiff details the have no actual knowledge of
The formal written claims against the defendant. it. The doctrine is generally
statement by a defendant in construed with regards to
Concurrent jurisdiction
a civil case that responds to a legal notices published in
1. Jurisdiction that
complaint, articulating the newspapers.
might be exercised
grounds for defense.
simultaneously by De novo
Appellant more than one court Latin, meaning "anew." A
The party who appeals a over the same trial de novo is a completely
district court's decision, subject matter and new trial. Appellate review
within the same
de novo implies no necessary costs incurred by En banc
deference to the trial judge's the party responding to it i.e. French, meaning "on the
ruling. the trouble and expense that bench." All judges of an
party went to defending and appellate court sitting
Declaratory judgment succeeding in their defense. together to hear a case, as
A judge's statement about opposed to the routine
someone's rights. For Dismissal with prejudice disposition by panels of three
example, a plaintiff may seek Court action that prevents an judges. In the Ninth Circuit,
a declaratory judgment that identical lawsuit from being an en banc panel consists of
a particular statute, as filed later. 11 randomly selected judges.
written, violates some
constitutional right. Dismissal without Equitable
prejudice Pertaining to civil suits in
Default judgment Court action that allows the "equity" rather than in "law."
A judgment awarding a later filing. In English legal history, the
plaintiff the relief sought in courts of "law" could order
the complaint because the Diversity jurisdiction  the payment of damages and
defendant has failed to A federal court's exercise of could afford no other
appear in court or otherwise authority over a case remedy (see damages). A
respond to the complaint. involving parties who are separate court of "equity"
citizens of different states could order someone to do
Defendant and an amount in something or to cease to do
An individual (or business) controversy greater than a something (e.g., injunction).
against whom a lawsuit is statutory minimum. In American jurisprudence,
filed. the federal courts have both
Diversity of citizenship legal and equitable power,
Deposition A form of subject-matter but the distinction is still an
An oral statement made jurisdiction in civil procedure important one. For example,
before an officer authorized in which a United States a trial by jury is normally
by law to administer oaths. district court in the federal available in "law" cases but
Such statements are often judiciary has the power to not in "equity" cases.
taken to examine potential hear a civil case when the
witnesses, to obtain amount in controversy Ex parte
discovery, or to be used later exceeds $75,000 and where A proceeding brought before
in trial. See discovery. the persons that are parties a court by one party only,
are "diverse" in citizenship or without notice to or
Discovery state of incorporation. challenge by the other side.
Procedures used to obtain
disclosure of evidence before Due process Federal question
trial. The legal rights of someone jurisdiction
who confronts an adverse Jurisdiction given to federal
Dismissal with costs action threatening liberty or courts in cases involving the
When the petition has been property. interpretation and
disallowed (failed) and the
application of the U.S.
petitioner must pay the
Constitution, acts of 2. A court's authority to In personam 
Congress, and treaties. hear all claims Made against or affecting a
against a defendant, specific person only;
Federal-question at the place of the imposing a personal liability.
jurisdiction defendant's domicile Personal jurisdiction.
“Arising under” jurisdiction, or the place of
Constitutional law. The service, without any In rem
exercise of federal-court showing that a From Latin, "against a thing."
power over claims arising connection exists Concerning the status of a
under the U.S. Constitution, between the claims particular piece of property.
an act of Congress, or a and the forum state. For instance, in-rem
treaty. 28 USCA § 1331. jurisdiction refers to the
General jurisdiction.  power of a court over an
Federal-question A court's authority to hear all item of real or personal
jurisdiction claims against a defendant, property.
The exercise of federal-court at the place of the
Interpleader
power over claims arising defendant's domicile or the
a suit pleaded between two
under the U.S. Constitution, place of service, without any
parties to determine a
an act of Congress, or a showing that a connection
matter of claim or right to
treaty. 28 USCA § 1331. exists between the claims
property held by a third
and the forum state.
party.
Forum non conveniens
A common law legal doctrine
General personal
jurisdiction Interrogatories
whereby a court A form of discovery
"acknowledges that another Jurisdiction arising when a
person's continuous and consisting of written
forum or court is more questions to be answered in
appropriate and sends the systematic contacts with a
forum state enable the writing and under oath.
case to such a forum. A
change of venue, where forum state's courts to
Joinder
another venue is more adjudicate a claim against
The union in one lawsuit of
appropriate to adjudicate a the person, even when the
multiple parties who have
matter, such as the claim is not related to the
the same rights or against
jurisdiction within which an person's contacts with the
whom rights are claimed as
accident occurred and where forum state.
co-plaintiffs or codefendants.
all the witnesses reside Impleader
a procedural device before Judgment
General jurisdiction The official decision of a
trial in which one party joins
1. A court's authority to court finally resolving the
a third party into a lawsuit
hear a wide range of dispute between the parties
because that third party is
cases, civil or to the lawsuit.
liable to an original
criminal, that arise
defendant.
within its geographic Jurisdiction
area.  The legal authority of a court
to hear and decide a certain
type of case. It also is used as 2. Co-extensive Personal jurisdiction
a synonym for venue, Unlimited, can exercise long- A court's power to bring a
meaning the geographic area arm statute in any situation person into its adjudicative
over which the court has as long as it’s constitutional process; jurisdiction over a
territorial jurisdiction to defendant's personal rights,
decide cases. Motion rather than merely over
A request by a litigant to a property interests. — Also
Jury instructions judge for a decision on an termed in personam
A judge's directions to the issue relating to the case. jurisdiction.
jury before it begins
deliberations regarding the Motion in Limine Plaintiff
factual questions it must A pretrial motion requesting A person or business that
answer and the legal rules the court to prohibit the files a formal complaint with
that it must apply. other side from presenting, the court.
or even referring to,
Lawsuit evidence on matters said to Pleadings
A legal action started by a be so highly prejudicial that Written statements filed with
plaintiff against a defendant no steps taken by the judge the court that describe a
based on a complaint that can prevent the jury from party's legal or factual
the defendant failed to being unduly influenced. assertions about the case.
perform a legal duty which
resulted in harm to the Notice Preponderance of the
plaintiff. Information, usually in evidence
writing in the standard of proof in most
Litigation all legal proceedings, of all civil cases in which the party
A case, controversy, or documents filed, decisions, bearing the burden of proof
lawsuit. Participants requests, motions, petitions, must present evidence which
(plaintiffs and defendants) in and upcoming dates. is more credible and
lawsuits are called litigants. convincing than that
Original jurisdiction presented by the other party
Long-Arm Statute A court's power to hear and or which shows that the fact
A statute allowing a state to decide a matter before any to be proven is more
exercise personal other court can review the probable than not (50%).
jurisdiction over a non- matter.
resident defendant who has Pretrial conference
certain contacts with the Per curiam A meeting of the judge and
state.  Latin, meaning "for the lawyers to plan the trial, to
court." In appellate courts, discuss which matters should
1. Enumerated often refers to an unsigned
Limited and specific be presented to the jury, to
opinion. review proposed evidence
situations in which the state
can use its long-arm statutes. and witnesses, and to set a
Per se trial schedule. Typically, the
by or in itself or themselves; judge and the parties also
intrinsically.
discuss the possibility of law or with rules and Statute
settlement of the case. regulations. A law passed by a legislature.

Pro se Service of process Statute of limitations

Representing oneself. The procedure by which a The time within which a
Serving as one's own lawyer. party to a lawsuit gives an lawsuit must be filed or a
appropriate notice of initial criminal prosecution begun.
Quasi in rem legal action to another party The deadline can vary,
a legal action based on in an effort to exercise depending on the type of
property rights of a person jurisdiction over that person civil case or the crime
absent from the jurisdiction. so as to enable that person charged.
In the American legal system to respond to the proceeding
the state can assert power before the court, Sua sponte
over an individual simply Latin, meaning "of its own
based on the fact that this Settlement will." Often refers to a court
individual has property (bank Parties to a lawsuit resolve taking an action in a case
account, debt, share of stock, their dispute without having without being asked to do so
land) in the state. a trial. Settlements often by either side.
involve the payment of
Quasi-in-rem jurisdiction compensation by one party Subject-matter
Jurisdiction over a person in at least partial satisfaction jurisdiction 
but based on that person's of the other party's claims, The requirement that a given
interest in property located but usually do not include court have power to hear the
within the court's territory. the admission of fault. specific kind of claim that is
brought to that court. While
Remand Specific jurisdiction litigating parties may waive
To send back to a lower Jurisdiction that stems from personal jurisdiction, they
court. the defendant's having cannot waive subject-matter
certain minimum contacts jurisdiction.
Removal with the forum state so that
The transfer of an action the court may hear a case Subpoena
from state to federal court. whose issues arise from A command, issued under a
those minimum contacts. court's authority, to a
Reverse witness to appear and give
The act of a court setting Standard of proof testimony.
aside the decision of a lower Degree of proof required. "
court. A reversal is often The majority of civil lawsuits Summary judgment
accompanied by a remand to require proof "by a Summary judgment is a
the lower court for further preponderance of the judgment entered by a court
proceedings. evidence" (50 percent plus), for one party and against
but in some the standard is another party without a full
Sanction higher and requires "clear trial.
A penalty or other type of and convincing" proof.
enforcement used to bring
about compliance with the
Supplemental jurisdiction Writ of certiorari
Jurisdiction over a claim that An order issued by the U.S.
is part of the same case or Supreme Court directing the
controversy as another claim lower court to transmit
over which the court has records for a case which it
original jurisdiction. • Since will hear on appeal.
1990, federal district courts
have had supplemental
jurisdiction which includes
jurisdiction over both
ancillary and pendent
claims. 28 USCA § 1367.
See ancillary
jurisdiction; pendent
jurisdiction.

Territorial jurisdiction. 
Jurisdiction over cases arising
in or involving persons
residing within a defined
territory. 

Transient jurisdiction 
Personal jurisdiction over a
defendant who is served
with process while in the
forum state only temporarily
(such as during travel).

Venue
The geographic area in which
a court has jurisdiction. A
change of venue is a change
or transfer of a case from
one judicial district to
another.

Writ
A written court order
directing a person to take, or
refrain from taking, a certain
act.