Key Terms
Plaintiff
Party that initiates a civil lawsuit. Defendant: party being sued (civil) or accused (criminal).
Defendant
The party being sued in civil cases; also the term for the accused in criminal cases.
Prosecution
The party that initiates criminal litigation; represents the people of a state or the federal government.
Pro se litigant
A party who represents themselves without an attorney.
Definition
Communications between a client and attorney are absolutely confidential.
Grand jury
Prevents prosecutors from abusing their powers of arrest and indictment. Required at the federal level and in most state
Petit jury
Trial jury; determines guilt or liability; 12 members (criminal), 6-12 (civil).
Standing
A constitutional requirement rooted in Article III of the US Constitution, which grants judicial power to hear "cases an
Subject matter jurisdiction
The court's authority to hear and decide a particular type of dispute. (Covered in depth in Chapter 2; referenced here a
Personal jurisdiction
The court's power to compel the parties to appear.
Minimum contacts
A defendant must have some connection to the state where the case is filed. Personal jurisdiction is a constitutional re
Long-arm statutes
State laws that set the procedure for requiring out- of-state defendants to appear in court. Govern how service of proce
Service of process
Official notification to a defendant that they are being sued.
Venue
Proper geographic location for the case based on connection to the events. Complaint: plaintiff's document initiating a
Example
A company doing business statewide is subject to that state's courts — but the proper venue is the county where the plai