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.
PRO SE LITIGANTS
Individuals who represent themselves in court without an attorney. Courts hold pro se litigants to the same standards as
SUBORNING PERJURY
Knowingly helping a client lie under oath. This is prohibited.
ZEALOUS ADVOCACY
Attorneys must represent clients with full effort — but only within the bounds of the law and court rules. They cannot a
TRIER OF FACT
The jury's role. The jury determines what actually happened — who said what, did what, and when.
STANDING
A constitutional requirement (Article III); means a party must have an actual, concrete stake in the litigation before a
Three requirements to demonstrate standing
1. The party must have an actual case, not a hypothetical one.
RIPENESS
If a case is brought too early, it is not yet ripe — no standing.
MOOTNESS
If the issue is already resolved or past, the case is moot — no standing.
SUBJECT MATTER JURISDICTION
The court's legal authority to hear a particular type of case. (Covered in Chapter 2; referenced here as a requirement f
PERSONAL JURISDICTION
The court's power to compel the parties to appear. Requires the defendant to have minimum contacts with the state where
LONG-ARM STATUTES
State laws that allow courts to reach out-of-state defendants; set the procedure for how out-of-state defendants can be
SERVICE OF PROCESS
The official notification to a defendant that they are being sued. Typically requires personal delivery of the summons a