Key Terms
PLAINTIFF
The party who begins 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
In criminal trials, the party that initiates litigation; represents the people of a state or the federal government.
CLAIM
A separate violation of law; one lawsuit can contain multiple claims.
PRO SE LITIGANT
A party who represents themselves without an attorney.
SUBORNING PERJURY
Knowingly helping a client lie under oath; attorneys are PROHIBITED from doing this.
TRIER OF FACT
The jury; determines the truth — who did what, why, and when.
STANDING
A constitutional requirement; a party must prove it has an actual case to proceed in court.
CONSTITUTIONAL BASIS
Article III of the U.S. Constitution grants the judiciary power to hear "cases" and "controversies" — actual disputes, n
CONSEQUENCE
Courts cannot give advisory opinions. Standing limits judicial overreach by controlling what types of cases get litigate
RIPENESS
Case brought too early; the harm hasn't occurred yet.
MOOTNESS
Case brought too late; the issue no longer exists or can no longer be remedied.
SUBJECT MATTER JURISDICTION
The court's legal authority to hear and decide a particular type of case. (Covered in depth in Chapter 2; referenced her
PERSONAL JURISDICTION
The court's power to compel the parties to appear.
SERVICE OF PROCESS
The procedure by which a defendant is formally notified they are being sued.