NC PT Juris key terms

A court's power to bind a particular defendant, usually based on residence, presence, consent, or minimum contacts with the forum state that make jurisdiction fair.

The geographic location within a court system where a case should be filed, typically the county where the defendant resides or where the events occurred.

A state law authorizing courts to exercise jurisdiction over nonresident defendants who have specified contacts with the state, such as committing a tort or doing business there.

The due process standard requiring a nonresident defendant to have purposeful, substantial ties to the forum state before it may exercise jurisdiction over that person.

A discretionary doctrine letting a court dismiss a case when another forum is substantially more convenient and the plaintiff can obtain an adequate remedy there.

A pretrial ruling for one party when the pleadings, discovery, and affidavits show no genuine dispute of material fact and the movant is entitled to judgment as a matter of law.

A judgment entered against a party who fails to plead or otherwise defend within the required time, after the opposing party requests entry of default.

Formal delivery of the summons and complaint to a defendant in a manner authorized by rule or statute, which starts the clock for responding.

A pretrial request asking the judge to exclude or admit specific evidence before trial, often to keep prejudicial or inadmissible material from the jury.

Written questions served on another party that must be answered in writing under oath within a set deadline during discovery.

A discovery device requiring another party to produce documents, electronically stored information, or tangible things for inspection and copying.

Sworn out-of-court testimony recorded by a court reporter, used to discover facts, preserve testimony, or impeach a witness at trial.

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 allowing a person to refuse to disclose confidential communications, such as those between attorney and client, and preventing others from compelling disclosure.

The ethical duty not to reveal information relating to the representation of a client without informed consent, broader than the evidentiary attorney-client privilege.

A situation where a lawyer's own interests or duties to another client, former client, or third party create a substantial risk of materially limiting the representation.

A client's agreement to a proposed course of action after the lawyer has communicated adequate information and explained the material risks and reasonable alternatives.

Providing legal advice or services, or holding oneself out as a lawyer, without a license to practice law in that jurisdiction.

A person qualified by education or training who performs substantive legal work under the supervision of a licensed attorney, but who cannot give legal advice or set fees.

Materials prepared by a lawyer or representative in anticipation of litigation, generally protected from discovery absent substantial need and undue hardship.

A law setting the maximum time after an event within which a lawsuit must be filed, after which the claim is generally barred.

A temporary suspension of a deadline such as a limitations period, often triggered by a defendant's absence from the state, minority, or a pending related action.

A rule requiring certain contracts, such as those for land sales or lasting more than one year, to be in writing and signed to be enforceable.

A written instrument that transfers an interest in real property, containing a description of the land, words of grant, and signatures of the grantor.

A policy indemnifying a buyer or lender against losses from defects in title, liens, or encumbrances existing at the time the policy was issued.

A neutral third party's holding of funds and documents until conditions of a transaction are satisfied, then delivering them to the appropriate parties.

A nonpossessory right to use another person's land for a specific purpose, such as a driveway or utility line, created by grant, implication, or prescription.

Any claim, lien, easement, or restriction that burdens real property and may diminish its value or limit the owner's use.

A business entity combining pass-through taxation with limited liability for owners, governed by an operating agreement and state statutes.

The contract among members of a limited liability company setting out ownership percentages, management structure, capital contributions, distributions, and transfer restrictions.

A court remedy holding owners personally liable for entity debts when the entity is used as a sham or is so undercapitalized that injustice results.

A legal obligation of loyalty and care owed by a person entrusted with another's interests, such as a trustee, agent, director, or attorney.

A person who makes a will. If female, sometimes called a testatrix; the term identifies the person whose estate the will governs.

The court-supervised process of validating a will, appointing a personal representative, paying debts, and distributing the decedent's estate.

The statutory scheme distributing a decedent's property when no valid will exists, based on degrees of kinship to the decedent.

An arrangement in which a settlor transfers property to a trustee who holds and manages it for the benefit of one or more beneficiaries.

The legal termination of a marriage by court order, resolving property division, support, and, where children exist, custody and parenting time.

Assets and debts acquired during the marriage that are subject to division at divorce, as distinguished from separate property owned before or received by gift.

Statutory formulas, usually based on parental income, number of children, and parenting time, that courts use to set child support amounts.