MIE 305 Chapter 3
plaintiff - ANS-a person who brings a case against another in a court of law
defendant - ANS-an individual or group being sued or charged with a crime
appellant - ANS-the party who takes an appeal from one court to another
appellee - ANS-the party against whom the appeal is filed
class action suit - ANS-a case brought by someone to help him or her and all others who are
similarly situated (to be considered class action, must have all 4 characteristics of CANT
(commonality, adequacy, numbers, typicality))
personal jurisdiction - ANS-the power of a court to force a person to appear before it (also called
en personam jurisdiction)
summons - ANS-a notice directing someone to appear in court to answer a complaint or a
charge brought by a plaintiff
long arm statute - ANS-a state statute that permits a state to exercise jurisdiction over
nonresident defendants (method by which personal jurisdiction can be attained)
in rem jurisdiction - ANS-aka quasi in rem; "against a thing" as opposed to a person
venue - ANS-the geographic district in which a legal action is tried and from which the jury is
selected
complaint - ANS-the pleading made by a plaintiff alleging wrongdoing on the part of the
defendant; the document that, when filed with a court, initiates a lawsuit
notice pleading - ANS-a method adopted by the federal rules in which the plaintiff simply informs
the defendant of the claim and the general basis for it
fact pleading - ANS-some states require a listing in the complaint of all major facts anticipated to
be in dispute at trial
answer - ANS-a defendant's response to the plaintiff's complaint
default - ANS-failure of defendant to file an answer, which allows court to enter a judgement for
the plaintiff
plaintiff - ANS-a person who brings a case against another in a court of law
defendant - ANS-an individual or group being sued or charged with a crime
appellant - ANS-the party who takes an appeal from one court to another
appellee - ANS-the party against whom the appeal is filed
class action suit - ANS-a case brought by someone to help him or her and all others who are
similarly situated (to be considered class action, must have all 4 characteristics of CANT
(commonality, adequacy, numbers, typicality))
personal jurisdiction - ANS-the power of a court to force a person to appear before it (also called
en personam jurisdiction)
summons - ANS-a notice directing someone to appear in court to answer a complaint or a
charge brought by a plaintiff
long arm statute - ANS-a state statute that permits a state to exercise jurisdiction over
nonresident defendants (method by which personal jurisdiction can be attained)
in rem jurisdiction - ANS-aka quasi in rem; "against a thing" as opposed to a person
venue - ANS-the geographic district in which a legal action is tried and from which the jury is
selected
complaint - ANS-the pleading made by a plaintiff alleging wrongdoing on the part of the
defendant; the document that, when filed with a court, initiates a lawsuit
notice pleading - ANS-a method adopted by the federal rules in which the plaintiff simply informs
the defendant of the claim and the general basis for it
fact pleading - ANS-some states require a listing in the complaint of all major facts anticipated to
be in dispute at trial
answer - ANS-a defendant's response to the plaintiff's complaint
default - ANS-failure of defendant to file an answer, which allows court to enter a judgement for
the plaintiff
