Key Terms
Plaintiff
The party that initiates a civil lawsuit; sues to recover damages or stop a legal wrong.
Defendant
The party being sued in a civil case; also the accused in a criminal case.
Prosecution
Initiates litigation in criminal cases; represents the people of a state or the federal government.
Pro se litigant
A party who represents themselves without an attorney.
Attorney-client privilege
Communications between a client and attorney are absolutely confidential. The privilege belongs to the client; the attor
Exception to privilege
Attorney must break confidentiality if a client discloses intent to harm others or themselves.
Suborning perjury
Knowingly allowing or encouraging a witness (including a client) to lie under oath. This is prohibited.
Zealous advocacy
Attorneys owe their clients vigorous, strong representation — but only within the bounds of the law and court rules.
Trier of fact
The jury's core function. Determines what actually happened — who said what, who did what, why, and when.
Standing
A constitutional requirement; a party must have an actual stake in a case before the court can hear it.
Source
Article III of the U.S. Constitution grants courts power over actual "cases and controversies" — not hypothetical ones.
Personal jurisdiction
The power of the court to compel the parties to appear before it.
Requires
Minimum contacts between the defendant and the state where the case is filed.
Long-arm statutes
State laws that set procedures for requiring out-of- state defendants to appear in court.
Service of process
The formal notification to a defendant that they are being sued.