Mgt 201 Final Exam
Plaintiff
a person who brings a case against another in a court of law.
Prosecution
The government's side in a criminal case.
Defendant
The party that responds to a civil or criminal complaint.
Pro se
Latin for "on one's own behalf," a litigant representing herself without an attorney
Grand jury
A body of citizens examining whether someone accused of a crime should be formally
charged.
Petit jury
A body of citizens determining guilt or innocence in a criminal trial or liability in a civil trial.
Attorney-client privilege
A doctrine that requires all communications between client and attorney be kept secret by
the attorney from any disclosure to any person
Complaint
The initial document that starts the lawsuit by setting forth the plaintiff's claims.
Answer
The defendant's written response, in a civil suit, to the plaintiff's complaint.
Affirmative defense
,A defense that does not deny the defendant's actions but provides a
reason or justification, such as self-defense.
Counterclaim
A claim by a defendant against the plaintiff.
Due Process
Ensures fundamental fairness and decency in government actions; levels of due process
vary according to the property or liberty interest at stake.
Judicial Review
The power of courts to declare legislative or executive acts unlawful.
Subject matter jurisdiction
The authority of a court to hear cases in a specific subject area or matter.
Federal Question
Any case involving a federal law or the federal Constitution gives rise to subject matter
jurisdiction in federal courts.
Original jurisdiction
A small category of cases, such as lawsuits between states, that allows the U.S. Supreme
Court to hear a case for a first time rather than on appeal.
Diversity Jurisdiction
The power of federal courts to hear a case based on state law if all plaintiffs are from
different states than all defendants and damages claimed exceed seventy-five thousand
dollars.
Removal
The process of moving a case from state court to federal court under diversity jurisdiction.
Trier of fact
A fact-finding entity, such as a jury (or judge in a bench trial)
, Question of law
Strictly legal issues, such as which evidence to admit, that are resolved by the judge during
a trial.
Remand
The process of sending a case from an appellate court back to the trial court for further
action in accordance with the appellate court's instructions
Writ of Certiorari
A petition filed with the Supreme Court arguing why the case should be heard.
Rule of four
A Supreme Court rule that only four justices need to agree for a case to be heard.
Amicus brief
Also known as friend-of-the-court brief, it is filed by nonlitigants, with permission of the
court, to inform and persuade a court.
Standing
The Constitutional requirement for the right plaintiff to bring a claim at the right time in
litigation.
Personal jurisdiction
A court's jurisdiction over parties in litigation.
Damages
Loss suffered by plaintiff, typically expressed in terms of money.
Affidavit
a sworn statement in writing made under oath and typically signed by a
notary
Plaintiff
a person who brings a case against another in a court of law.
Prosecution
The government's side in a criminal case.
Defendant
The party that responds to a civil or criminal complaint.
Pro se
Latin for "on one's own behalf," a litigant representing herself without an attorney
Grand jury
A body of citizens examining whether someone accused of a crime should be formally
charged.
Petit jury
A body of citizens determining guilt or innocence in a criminal trial or liability in a civil trial.
Attorney-client privilege
A doctrine that requires all communications between client and attorney be kept secret by
the attorney from any disclosure to any person
Complaint
The initial document that starts the lawsuit by setting forth the plaintiff's claims.
Answer
The defendant's written response, in a civil suit, to the plaintiff's complaint.
Affirmative defense
,A defense that does not deny the defendant's actions but provides a
reason or justification, such as self-defense.
Counterclaim
A claim by a defendant against the plaintiff.
Due Process
Ensures fundamental fairness and decency in government actions; levels of due process
vary according to the property or liberty interest at stake.
Judicial Review
The power of courts to declare legislative or executive acts unlawful.
Subject matter jurisdiction
The authority of a court to hear cases in a specific subject area or matter.
Federal Question
Any case involving a federal law or the federal Constitution gives rise to subject matter
jurisdiction in federal courts.
Original jurisdiction
A small category of cases, such as lawsuits between states, that allows the U.S. Supreme
Court to hear a case for a first time rather than on appeal.
Diversity Jurisdiction
The power of federal courts to hear a case based on state law if all plaintiffs are from
different states than all defendants and damages claimed exceed seventy-five thousand
dollars.
Removal
The process of moving a case from state court to federal court under diversity jurisdiction.
Trier of fact
A fact-finding entity, such as a jury (or judge in a bench trial)
, Question of law
Strictly legal issues, such as which evidence to admit, that are resolved by the judge during
a trial.
Remand
The process of sending a case from an appellate court back to the trial court for further
action in accordance with the appellate court's instructions
Writ of Certiorari
A petition filed with the Supreme Court arguing why the case should be heard.
Rule of four
A Supreme Court rule that only four justices need to agree for a case to be heard.
Amicus brief
Also known as friend-of-the-court brief, it is filed by nonlitigants, with permission of the
court, to inform and persuade a court.
Standing
The Constitutional requirement for the right plaintiff to bring a claim at the right time in
litigation.
Personal jurisdiction
A court's jurisdiction over parties in litigation.
Damages
Loss suffered by plaintiff, typically expressed in terms of money.
Affidavit
a sworn statement in writing made under oath and typically signed by a
notary
