Key Terms
Plaintiff
The party who initiates a civil lawsuit; sues to recover damages or stop a legal wrong. Defendant: the party being sued;
Prosecution
Initiates the case on behalf of the state or federal government. Defendant: the accused wrongdoer (same term as civil; d
Pro se litigant
A party who represents themselves without an attorney. Courts hold pro se litigants to the SAME standards as licensed at
Law school
Graduate-level program; typically 3 years. Degree earned: Juris Doctorate (JD).
Attorney-client privilege
Communications between a client and attorney are absolutely confidential.
Suborning perjury
Knowingly helping a client lie under oath. If a client admits guilt to their attorney and then wants to testify they are
Purpose
Determines (1) whether probable cause exists that a crime occurred, and (2) whether it is more likely than not the defen
Standing
Constitutional requirement that limits which cases courts can hear; rooted in Article III of the US Constitution, which
Ripe
The case is ready to be heard; the harm has occurred. Too early = not yet ripe.
Personal jurisdiction
The court's power to compel the parties to appear. Requires the defendant to have minimum contacts with the state where
Most states have long-arm statutes
Set the procedure for compelling out-of-state defendants to appear. These statutes define how service of process works f
Service of process
Formal delivery of notice to a defendant that they are being sued. Spoliation: failure to preserve or produce evidence i
Venue
The proper geographic location of the court; the place must have some connection to the events that gave rise to the law
Distinction from jurisdiction
Multiple courts may have jurisdiction over a dispute; but only certain courts in specific locations are the proper venue
Example
A company does business statewide and is subject to that state's jurisdiction. But the correct venue is the county where