Key Terms
AUTOMATIC EXEMPTIONS
Active-duty military, police officers, firefighters, and public officers.
KEY DISTINCTION
Venue is not the same as jurisdiction.
EXAMPLE
A company doing business statewide is subject to jurisdiction in that state's courts generally. But the proper venue is
SCOPE
Broad. Relevant evidence is discoverable even if later ruled inadmissible.
SPOLIATION
Failure to preserve and produce key evidence. Can result in severe sanctions.
Standard
Preponderance of the evidence. Meaning: 51% vs.
Latin
"the thing has been decided." Once a dispute is litigated and resolved, the parties are barred from relitigating the sam
Plaintiff
Party that initiates a civil lawsuit Defendant: party being sued; also the accused in criminal cases Prosecution: govern
Attorney-client privilege
Absolute confidentiality of attorney-client communications; belongs to client Suborning perjury: knowingly helping a cli
Subject matter jurisdiction
Court's authority over the type of dispute
Personal jurisdiction
Court's power to compel parties to appear; requires minimum contacts Long-arm statute: state law allowing jurisdiction o
Complaint
Plaintiff's initial filing; sets out parties, facts, laws violated, and relief sought Summons: official court notice req
Class action
Lawsuit by a certified group of plaintiffs sharing common claims Discovery: post-pleadings information-gathering phase R
Motion to dismiss for failure to state a claim
No law broken even if facts are true Motion for judgment on the pleadings: complaint is fatally flawed before discovery