Legal Terminology: Chapter 1 Terminology

court

A body of government organized to administer justice.

forum non conveniens -- FNC--

A court with concurrent jurisdiction has the right, under a legal doctrine called forum non conveniens -- FNC -- to refuse to hear a case if it believes that justice would be better served if the trial were held in a different court. Forum non conveniens: Latin for "forum not agreeing". For example, if an American corporation is sued in an area where it only transacts business but not where it has its headquarters, and the court dismisses based upon FNC, the plaintiff may refile the action in the jurisdiction of the corporation's headquarters.

writ

A formal order under seal, issued in the name of government, court, or other competent authority, to do or refrain from some specified act.

legal doctrine

A framework, set of rules, or procedural steps taken when a judge makes a ruling where a process is outlined and applied, and allows for it to be equally applied to like cases.

long-arm statute

A law that allows one state court to reach out -- with its long arm -- to obtain personal jurisdiction over a person in another state if that person does much business in the state where the court is located.

in personam action

A lawsuit seeking a judgment to be enforceable, specifically against an individual person. The plaintiff must select a court that has jurisdiction over the subject matter and over the parties involved in the case.

in rem action

A lawsuit that is directed against property rather than against a particular person. The action usually concerns title to real property. It seeks to settle some questions about the property. Some kind of notice must be given to people who may have an interest in the proceeding. In current US legal practice, in rem is most widely used in the area of asset forfeiture, frequently in relation to controlled substances offenses.

federal question

A matter that involves the U.S. Constitution, acts of Congress or treason.

plaintiff

A person who brings a case against another in a court of law.

plenary jurisdiction

A situation where a court has complete jurisdiction over the plaintiff, the defendant and the subject matter of a lawsuit

code

A systematic collection of statues, administrative regulations, and other laws.

diversity of citizenship

A term used to describe cases between persons from different states, between citizens of the U.S. and foreign government, and between citizens of the United States and citizens of a foreign country. Diversity cases must exceed the sum of $75,000.

statue

A written law passed by a legislature on the state or federal level. Typically, statutes command or prohibit something, or declare policy.

alternative dispute resolution

Alternative dispute resolution: alternative process for settling legal disputes by means other than trial. In civil cases, some people prefer to use quicker, less complicated and less expensive methods to resolve disputes. Various forms of alternative dispute resolution: negotiation, mediation, mini-trials.

local action

An action that can occur in only one place.

transitory action

An action that does not concern land and is a personal action that is brought for the enforcement of personal rights or obligations. An action that may be brought in more than one place as long as the court in which it is heard has proper jurisdiction. A common transitory action: lawsuit brought to recover damages in breach of contract.

defendant

An individual, company, or institution sued or accused in a court of law.

mediation -- conciliation --

An informal process where a neutral third person called a mediator, or conciliator listens to both sides and makes suggestions for reaching a solution. The mediator tries to persuade the parties to compromise and settle their differences. The mediation usually takes place in stages. Both sides meet together with the mediator and then break into private sessions called caucuses.

mini-trial

An informal trial to settle disputes. A mini-trial is run by a private organization established for the purpose of settling disputes out of court. Retired judges and attorneys are often used to hear disputes. The parties agree to be bound by the decision. Mini-trials are useful in resolving large-scale disputes such as product liability and antitrust cases.

writ of certiorari [sur-shee-uh-rair-ahy, -rair-ee]

An order from a higher court to a lower court to deliver its records to the higher court for review.

appeal

Apply to a higher court for a reversal of the decision of a lower court. A request to a higher court to review the decision of the lower court that tried the case.

arbitration

Arbitration is a method of settling disputes where a neutral third party called an arbitrator makes a decision after hearing arguments on both sides. Arbitration takes place when both parties contractually agree to resolve their dispute according to a predetermined arbitration process. Arbitration is usually quicker and cheaper than a trial. Parties can gather evidence for the arbitration hearing Documents can be submitted to the arbitrator. Witnesses can be called to testify.

compulsory or mandatory arbitration

Arbitration that is required or forced by law on parties involved in a dispute. Example: labor dispute between employees and management, especially when a strike could seriously affect the public interest.

Article III: The Judicial Branch

Article III outlines the powers of the federal court system.

caucuses

Both sides meet together with the mediator and then break into private sessions called caucuses. In a caucus, the mediator asks probing questions to learn what is behind each side's demands. The mediator seeks small gains from each side and tries to have both sides reach a mutually acceptable agreement. The mediator has authority over the mediation process, but the mediator is not empowered to make the parties settle.

state intermediate appellate courts

Courts that review the decisions of lower courts are called courts of appeal or appellate courts. Many states have intermediate appellate courts where appeals must be taken and heard by a three-judge panel before deemed being eligible to go to the state's supreme court. Florida has five intermediate appellate courts -- IAC --.

U.S. courts of appeals

Decide cases that have been appealed from federal district courts -- U.S. district courts --. The U.S. is divided into 13 judicial districts called circuits. Each circuit has several U.S. district courts -- 94 total --, but only one U.S. court of appeals. A group of three judges decides most cases that are appealed to this court. Established by Congress in 1981, the United States Court of Appeals for the Eleventh Judicial Circuit has jurisdiction over federal cases originating in the states of Alabama, Florida and Georgia.

original jurisdiction

Determines which court will hear a case first. Some courts have original jurisdiction over certain cases. This means that they have the power to hear the case originally - when it first goes to court. The Florida county courts have original jurisdiction over misdemeanor criminal cases, and in civil cases whose value in controversy does not exceed $15,000.

state supreme court

Each state has a court of last resort: a state supreme court. The state supreme court's decision is usually final. Appeals from the state supreme court may be made to the U.S. Supreme Court only when a federal or U.S. Constitutional question is raised.

state courts

Each state in the United States has its own court structure that is separate from the executive and legislative branches of state government. State courts are divided into three broad categories -- Trial courts -- Intermediate appellate courts -- Supreme court.

Two U.S. court systems

Federal court system & State court system. State courts almost always have the power and authority to hear cases that revolve around events that occurred within its borders.

real property

Fixed property, principally land and buildings.

res

For a court to have jurisdiction over an action in rem, the property -- called the res -- must be located in the state -- and usually in the county -- where the court sits.

state trial courts

Have general authority to hear cases involving activity that occurred in a particular state. State trial courts are called superior courts, circuit courts or courts of common pleas. State trial courts are arranged so that there is one in each county. Major civil and criminal cases, both jury and non-jury, are tried in county courts

judgement

In law, a judgment is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding.

in personam jurisdiction

In personam jurisdiction -- personal jurisdiction -- means jurisdiction over the person. A court automatically has personal jurisdiction over a plaintiff because the plaintiff has filed a complaint in that court. The plaintiff must select a court that has jurisdiction over the subject matter and over the parties involved in the case. A court has jurisdiction over a defendant only if the defendant: lives in the jurisdiction, has a business in the jurisdiction, engages in legally significant behaviors -- driving in the jurisdiction --.

jurisdiction

Jurisdiction is the power or authority that a court has to hear a particular case. The territory over which authority is exercised. Such power is given to the court either by the federal or state constitution or by a federal or state statute. If a court without jurisdiction heard a particular case and made a decision, the decision would be meaningless and void.

in personam

Latin phrase meaning "directed toward a particular person".

lesser courts

Lesser courts with limited authority are located throughout each county. Lesser courts: district and municipal courts; juvenile courts; traffic courts; housing courts; land courts.

personal property

Made up of movable items.

executive branch

Manages the day-to-day operations of government through various federal departments and agencies.

appellate jurisdiction

Other courts have appellate jurisdiction. This means that they have the power to hear a case when it's appealed -- when a party is petitioning an appellate court to review the decision of a lower court --. There are five District Courts of Appeal in Florida: Tallahassee, Lakeland, Miami, West Palm Beach, Daytona Beach.

quasi in rem action

Quasi in rem -- Latin, -- "as if against a thing" -- is a legal term referring to a legal action based on property rights of a person who owns real property in one state and lives in another. If a defendant owns real property in one state and lives in another, the court where the real property is located has jurisdiction over the property only, not over the person. If a suit is brought in that court and the out-of-state defendant does not appear, the plaintiff's recovery will be limited to an amount up to the value of the property located in that state.

exclusive appellate jurisdiction

Some courts have exclusive appellate -- the only appeals court with the power to hear the case over particular cases --. Some courts also have concurrent original jurisdiction or concurrent appellate jurisdiction over certain cases.

exclusive original jurisdiction

Some courts have exclusive original jurisdiction -- the only court with the power to hear the case over particular cases --. Some courts also have concurrent original jurisdiction or concurrent appellate jurisdiction over certain cases.

nonbinding arbitration

The decision of the arbitrator is a recommendation and does not have to be complied with. Nonbinding arbitration is useful for getting an advisory opinion. Many cases go to binding arbitration or trial afterwards.

binding arbitration

The decision of the arbitrator will be final and must be followed. The arbitrator's decision must be in writing Both parties must agree in advance to binding arbitration.

U.S. Supreme Court

The highest court in the land. Has nine life-long justices. Justice is a title given to the highest appellate court judges. Hears appeals from both the U.S. courts of appeals and the highest state courts when federal questions are involved. Appeals are heard when four out of the nine justices believe that the case is important enough to be heard. When the U.S. Supreme Court agrees to hear a case on appeal, a writ of certiorari is issued. When the Court decides not to hear an appeal, as it does with most cases, the Court denies issuing the writ of certiorari by writing the abbreviation -- cert. den. -- certiorari denied -- on the court record.

venue

The place where the trial is held.

legislative branch

The principal mission of the legislative body is to make laws.

U.S. district courts a.k.a. federal district courts

U.S. district courts -- also called federal district courts -- are the general trial courts of the United States federal court system. U.S. district courts hear most cases when they originally go to court -- before there is an appeal --. Each state and territory and the District of Columbia has at least one U.S. district court within its boundary.

venue vs. jurisdiction

Venue relates to the geographic location where the action should be tried. Jurisdiction relates to the power of the court to hear a case.

exclusive jurisdiction

When only one court has the power to hear a particular case, to the exclusion of all other courts, the court is said to have exclusive jurisdiction. For example, Title 28 of the U.S. Code gives the U.S. district courts exclusive jurisdiction over all matters involving bankruptcy. On a federal level, exclusive jurisdiction allows the Supreme Court to review the decisions in lower courts.

concurrent jurisdiction

When two or more courts have the power to hear a case, they have concurrent jurisdiction. For example, the United States Constitution permits federal courts to hear actions that can also be heard by state courts. For example, when a party from Alabama sues a party from Florida for a breach of contract, the Alabama party can sue in either federal court or in the state court located in Florida.