CLE Entrance Exam key terms

The legal authority of a court to hear a particular case, based on geography, the parties involved, the amount in dispute, or the subject matter of the claim.

The geographic location, usually a county or district, where a lawsuit may properly be filed and tried, distinct from whether the court has power to decide the case.

A court's power to hear a specific type of case, such as family, probate, or small claims matters, which cannot be waived by the parties and may be raised at any time.

A court's authority over a particular person or business, typically established through residence, presence, consent, or minimum contacts with the forum state.

A discretionary doctrine allowing a court to dismiss a case when another court is a more appropriate and convenient location for the parties and witnesses.

The procedure by which a defendant transfers a case filed in state court to federal court when the federal court would have had original jurisdiction over the claim.

Federal court authority over civil cases between citizens of different states, or between a citizen and a foreign party, where the amount in controversy exceeds the statutory threshold.

A formal written statement of a party's claims or defenses filed with the court, such as a complaint, answer, or reply, which frames the issues in dispute.

The initial pleading filed by a plaintiff that states the facts giving rise to the claim, the legal theories relied upon, and the relief requested from the court.

The formal delivery of legal papers, especially a summons and complaint, to a party in a manner that satisfies legal requirements and starts the response deadline.

A request asking the court to terminate a case, often because the complaint fails to state a claim, the court lacks jurisdiction, or service was improper.

The pretrial phase in which parties exchange information and evidence through written questions, document requests, requests for admission, and depositions.

A written question served on another party that must be answered in writing under oath within a set time, used to gather facts and identify witnesses.

Sworn out-of-court testimony of a witness or party recorded by a court reporter, usable at trial for impeachment or when the witness is unavailable.

A pretrial ruling deciding all or part of a case without trial when no genuine dispute of material fact exists and the moving party is entitled to judgment as a matter of law.

The obligation of a party to prove a disputed fact to the required standard, such as preponderance of the evidence in civil cases or beyond a reasonable doubt in criminal cases.

The highest standard of proof in criminal trials, requiring evidence so convincing that no reasonable person could harbor doubt about the defendant's guilt.

The principle that a criminal defendant is treated as not guilty until the prosecution proves guilt beyond a reasonable doubt, with the burden resting on the state.

A court appearance at which the defendant is informed of the charges and asked to enter a plea of guilty, not guilty, or nolo contendere.

A formal criminal charge issued by a grand jury after finding probable cause that the accused committed an offense, required for certain serious federal crimes.

A reasonable belief based on specific facts that a crime has been, is being, or will be committed, or that evidence of a crime will be found in a particular place.

An agreement in which a defendant pleads guilty, often to a lesser charge, in exchange for a reduced sentence or the dismissal of other charges.

A constitutional protection barring the government from prosecuting a person twice for the same offense after an acquittal or a final conviction.

An out-of-court statement offered to prove the truth of the matter asserted, generally inadmissible unless an exception or exclusion applies.

A legal protection that allows a party to refuse to disclose, or prevent another from disclosing, confidential communications such as those with an attorney or physician.

A rule protecting confidential communications between a client and attorney made for the purpose of obtaining legal advice from compelled disclosure.

A situation in which a lawyer's personal interests or duties to another client could materially limit the representation, requiring disclosure and often informed consent.

Giving legal advice or performing legal services reserved for licensed attorneys, which non-lawyers such as paralegals must avoid when assisting clients.

Materials prepared by a party or its representative in anticipation of litigation, which receive qualified protection from discovery absent substantial need and undue hardship.

A documented chronological record showing who collected, handled, and stored evidence, used to establish that the item is authentic and unaltered.

The process of proving that a document or physical item is what its proponent claims it to be before it may be admitted as evidence.

A directive requiring employees to preserve documents and electronically stored information relevant to anticipated or active litigation, suspending routine deletion.

The destruction, alteration, or concealment of evidence relevant to litigation, which may result in sanctions such as adverse inference instructions or dismissal.

Digital data such as emails, databases, and files that may be discovered in litigation and must be identified, preserved, collected, and produced in usable formats.

A standardized reference identifying a legal authority, such as a case, statute, or regulation, by name, volume, reporter, court, and year so others can locate it.

Using a citator service to check whether a case or statute remains good law and to find later decisions that follow, distinguish, or overrule it.

The doctrine that courts should follow precedent established by earlier decisions in the same or higher courts to promote consistency and predictability.

A law setting the maximum time after an event within which legal proceedings must be initiated, after which the claim is generally barred.