Civil Procedure Vocabulary
Affirmed
In the practice of the court of
appeals, it means that the
court of appeals has
concluded that the lower
court decision is correct and
will stand as rendered by the
lower court.
Alternative dispute
resolution (ADR)
A procedure for settling a
dispute outside the
courtroom. Most forms of
ADR are not binding, and
involve referral of the case to
a neutral party such as an
arbitrator or mediator.
Amended Pleadings
A written pleading in a
lawsuit that is changed and
refiled as an amended
pleading by the party who
initially filed it. Pleadings are
amended for various
reasons, including correcting
facts, adding claims, adding
affirmative defenses, or
responding to a court's
finding that a pleading is
inadequate as a matter of
law.
Answer
The formal written
statement by a defendant in
a civil case that responds to a
complaint, articulating the
grounds for defense.
Appellant
The party who appeals a
district court's decision,
usually seeking reversal of
that decision.
Appellee
The party who opposes an
appellant's appeal, and who
seeks to persuade the
appeals court to affirm the
district court's decision.
Cause of action
A legal claim.
Choice of forum clause
A provision in a contract in
which the parties stipulate
that any lawsuit between
them arising from the
contract shall be litigated
before a particular court or
in a particular jurisdiction.
Choice of law
A procedural stage in the
litigation of a case involving
the conflict of laws when it is
necessary to reconcile the
differences between the laws
of different legal
jurisdictions,
Complaint
A written statement that
begins a civil lawsuit, in
which the plaintiff details the
claims against the defendant.
Concurrent jurisdiction
1. Jurisdiction that
might be exercised
simultaneously by
more than one court
over the same
subject matter and
within the same
territory, a litigant
having the right to
choose the court in
which to file the
action.
2. Jurisdiction shared
by two or more
states, esp. over the
physical boundaries
(such as rivers or
other bodies of
water) between
them.
Consent jurisdiction
Jurisdiction that parties have
agreed to, either by accord,
by contract, or by general
appearance.
*Parties may not, by
agreement, confer subject-
matter jurisdiction on a
federal court that would not
otherwise have it.
Constructive Notice
A legal fiction that signifies
that a person or entity
should have known, as a
reasonable person would
have, of a legal action taken
or to be taken, even if they
have no actual knowledge of
it. The doctrine is generally
construed with regards to
legal notices published in
newspapers.
De novo
Latin, meaning "anew." A
trial de novo is a completely
new trial. Appellate review
de novo implies no
deference to the trial judge's
ruling.
Declaratory judgment
A judge's statement about
someone's rights. For
example, a plaintiff may seek
a declaratory judgment that
a particular statute, as
written, violates some
constitutional right.
Default judgment
A judgment awarding a
plaintiff the relief sought in
the complaint because the
defendant has failed to
appear in court or otherwise
respond to the complaint.
Defendant
An individual (or business)
against whom a lawsuit is
filed.
Deposition
An oral statement made
before an officer authorized
by law to administer oaths.
Such statements are often
taken to examine potential
witnesses, to obtain
discovery, or to be used later
in trial. See discovery.
Discovery
Procedures used to obtain
disclosure of evidence before
trial.
Dismissal with costs
When the petition has been
disallowed (failed) and the
petitioner must pay the
necessary costs incurred by
the party responding to it i.e.
the trouble and expense that
party went to defending and
succeeding in their defense.
Dismissal with prejudice
Court action that prevents an
identical lawsuit from being
filed later.
Dismissal without
prejudice
Court action that allows the
later filing.
Diversity jurisdiction  the payment of damages and
A federal court's exercise of
authority over a case
involving parties who are
citizens of different states
and an amount in
controversy greater than a
statutory minimum.
Diversity of citizenship
A form of subject-matter
jurisdiction in civil procedure
in which a United States
district court in the federal
judiciary has the power to
hear a civil case when the
amount in controversy
exceeds $75,000 and where
the persons that are parties
are "diverse" in citizenship or
state of incorporation.
Due process
The legal rights of someone
who confronts an adverse
action threatening liberty or
property.
En banc
French, meaning "on the
bench." All judges of an
appellate court sitting
together to hear a case, as
opposed to the routine
disposition by panels of three
judges. In the Ninth Circuit,
an en banc panel consists of
11 randomly selected judges.
Equitable
Pertaining to civil suits in
"equity" rather than in "law."
In English legal history, the
courts of "law" could order
could afford no other
remedy (see damages). A
separate court of "equity"
could order someone to do
something or to cease to do
something (e.g., injunction).
In American jurisprudence,
the federal courts have both
legal and equitable power,
but the distinction is still an
important one. For example,
a trial by jury is normally
available in "law" cases but
not in "equity" cases.
Ex parte
A proceeding brought before
a court by one party only,
without notice to or
challenge by the other side.
Federal question
jurisdiction
Jurisdiction given to federal
courts in cases involving the
interpretation and
application of the U.S.
Constitution, acts of
Congress, and treaties.
Federal-question
jurisdiction
“Arising under” jurisdiction,
Constitutional law. The
exercise of federal-court
power over claims arising
under the U.S. Constitution,
an act of Congress, or a
treaty. 28 USCA § 1331.
Federal-question
jurisdiction
The exercise of federal-court
power over claims arising
under the U.S. Constitution,
an act of Congress, or a
treaty. 28 USCA § 1331.
Forum non conveniens
A common law legal doctrine
whereby a court
"acknowledges that another
forum or court is more
appropriate and sends the
case to such a forum. A
change of venue, where
another venue is more
appropriate to adjudicate a
matter, such as the
jurisdiction within which an
accident occurred and where
all the witnesses reside
General jurisdiction
1. A court's authority to
hear a wide range of
cases, civil or
criminal, that arise
within its geographic
area.  The legal authority of a court
2. A court's authority to
hear all claims
against a defendant,
at the place of the
defendant's domicile
or the place of
service, without any
showing that a
connection exists
between the claims
and the forum state.
General jurisdiction.  power of a court over an
A court's authority to hear all
claims against a defendant,
at the place of the
defendant's domicile or the
place of service, without any
showing that a connection
exists between the claims
and the forum state.
General personal
jurisdiction
Jurisdiction arising when a
person's continuous and
systematic contacts with a
forum state enable the
forum state's courts to
adjudicate a claim against
the person, even when the
claim is not related to the
person's contacts with the
forum state.
Impleader
a procedural device before
trial in which one party joins
a third party into a lawsuit
because that third party is
liable to an original
defendant.
In personam 
Made against or affecting a
specific person only;
imposing a personal liability.
Personal jurisdiction.
In rem
From Latin, "against a thing."
Concerning the status of a
particular piece of property.
For instance, in-rem
jurisdiction refers to the
item of real or personal
property.
Interpleader
a suit pleaded between two
parties to determine a
matter of claim or right to
property held by a third
party.
Interrogatories
A form of discovery
consisting of written
questions to be answered in
writing and under oath.
Joinder
The union in one lawsuit of
multiple parties who have
the same rights or against
whom rights are claimed as
co-plaintiffs or codefendants.
Judgment
The official decision of a
court finally resolving the
dispute between the parties
to the lawsuit.
Jurisdiction
to hear and decide a certain
type of case. It also is used as
a synonym for venue,
meaning the geographic area
over which the court has
territorial jurisdiction to
decide cases.
Jury instructions
A judge's directions to the
jury before it begins
deliberations regarding the
factual questions it must
answer and the legal rules
that it must apply.
Lawsuit
A legal action started by a
plaintiff against a defendant
based on a complaint that
the defendant failed to
perform a legal duty which
resulted in harm to the
plaintiff.
Litigation
A case, controversy, or
lawsuit. Participants
(plaintiffs and defendants) in
lawsuits are called litigants.
Long-Arm Statute
A statute allowing a state to
exercise personal
jurisdiction over a non-
resident defendant who has
certain contacts with the
state.  Latin, meaning "for the
1. Enumerated
Limited and specific
situations in which the state
can use its long-arm statutes.
2. Co-extensive
Unlimited, can exercise long-
arm statute in any situation
as long as it’s constitutional
Motion
A request by a litigant to a
judge for a decision on an
issue relating to the case.
Motion in Limine
A pretrial motion requesting
the court to prohibit the
other side from presenting,
or even referring to,
evidence on matters said to
be so highly prejudicial that
no steps taken by the judge
can prevent the jury from
being unduly influenced.
Notice
Information, usually in
writing in
all legal proceedings, of all
documents filed, decisions,
requests, motions, petitions,
and upcoming dates.
Original jurisdiction
A court's power to hear and
decide a matter before any
other court can review the
matter.
Per curiam
court." In appellate courts,
often refers to an unsigned
opinion.
Per se
by or in itself or themselves;
intrinsically.
Personal jurisdiction
A court's power to bring a
person into its adjudicative
process; jurisdiction over a
defendant's personal rights,
rather than merely over
property interests. — Also
termed in personam
jurisdiction.
Plaintiff
A person or business that
files a formal complaint with
the court.
Pleadings
Written statements filed with
the court that describe a
party's legal or factual
assertions about the case.
Preponderance of the
evidence
the standard of proof in most
civil cases in which the party
bearing the burden of proof
must present evidence which
is more credible and
convincing than that
presented by the other party
or which shows that the fact
to be proven is more
probable than not (50%).
Pretrial conference
A meeting of the judge and
lawyers to plan the trial, to
discuss which matters should
be presented to the jury, to
review proposed evidence
and witnesses, and to set a
trial schedule. Typically, the
judge and the parties also
discuss the possibility of
settlement of the case.
Pro se
Representing oneself.
Serving as one's own lawyer.
Quasi in rem
a legal action based on
property rights of a person
absent from the jurisdiction.
In the American legal system
the state can assert power
over an individual simply
based on the fact that this
individual has property (bank
account, debt, share of stock,
land) in the state.
Quasi-in-rem jurisdiction
Jurisdiction over a person
but based on that person's
interest in property located
within the court's territory.
Remand
To send back to a lower
court.
Removal
The transfer of an action
from state to federal court.
Reverse
The act of a court setting
aside the decision of a lower
court. A reversal is often
accompanied by a remand to
the lower court for further
proceedings.
Sanction
A penalty or other type of
enforcement used to bring
about compliance with the
law or with rules and
regulations.
Service of process
The procedure by which a
party to a lawsuit gives an
appropriate notice of initial
legal action to another party
in an effort to exercise
jurisdiction over that person
so as to enable that person
to respond to the proceeding
before the court,
Settlement
Parties to a lawsuit resolve
their dispute without having
a trial. Settlements often
involve the payment of
compensation by one party
in at least partial satisfaction
of the other party's claims,
but usually do not include
the admission of fault.
Specific jurisdiction
Jurisdiction that stems from
the defendant's having
certain minimum contacts
with the forum state so that
the court may hear a case
whose issues arise from
those minimum contacts.
Standard of proof
Degree of proof required. "
The majority of civil lawsuits
require proof "by a
preponderance of the
evidence" (50 percent plus),
but in some the standard is
higher and requires "clear
and convincing" proof.
Statute
A law passed by a legislature.
Statute of limitations
The time within which a
lawsuit must be filed or a
criminal prosecution begun.
The deadline can vary,
depending on the type of
civil case or the crime
charged.
Sua sponte
Latin, meaning "of its own
will." Often refers to a court
taking an action in a case
without being asked to do so
by either side.
Subject-matter
jurisdiction 
The requirement that a given
court have power to hear the
specific kind of claim that is
brought to that court. While
litigating parties may waive
personal jurisdiction, they
cannot waive subject-matter
jurisdiction.
Subpoena
A command, issued under a
court's authority, to a
witness to appear and give
testimony.
Summary judgment
Summary judgment is a
judgment entered by a court
for one party and against
another party without a full
trial.
Supplemental jurisdiction Writ of certiorari
Jurisdiction over a claim that An order issued by the U.S.
is part of the same case or Supreme Court directing the
controversy as another claim lower court to transmit
over which the court has records for a case which it
original jurisdiction. • Since will hear on appeal.
1990, federal district courts
have had supplemental
jurisdiction which includes
jurisdiction over both
ancillary and pendent
claims. 28 USCA § 1367.
See ancillary
jurisdiction; pendent
jurisdiction.

Territorial jurisdiction. 
Jurisdiction over cases arising
in or involving persons
residing within a defined
territory. 

Transient jurisdiction 
Personal jurisdiction over a
defendant who is served
with process while in the
forum state only temporarily
(such as during travel).

Venue
The geographic area in which
a court has jurisdiction. A
change of venue is a change
or transfer of a case from
one judicial district to
another.

Writ
A written court order
directing a person to take, or
refrain from taking, a certain
act.