civil procedure

Preponderance refers to the evidentiary standard necessary for a victory in a civil case.

Definition

To set aside; to void. As in "to quash a motion" or "quash evidence."

Illustrative caselaw

See, e.g. Arizona v. Evans, 514 US 1 (1995).

See also

• Category: Courts and Procedure

Definition

The power of a court over the nature of a case and the type of remedy demanded.

Definition

In general, a place or location in which something takes place. The proper place to hold a civil or criminal trial, usually because important related events have taken place there.

Illustrative caselaw

See, e.g. Cortez Byrd Chips, Inc. v. Bill Harbert Construction Co., 529 U.S. 193 (2000).

See also

• Compare to subject matter jurisdiction and personal jurisdiction

Definition

1) An unauthorized, mock court or legal proceeding, e.g. a tribunal of sorority sisters created to settle disputes within the sorority, in which some or all of the accused's due process rights are ignored and the outcome appears to be predetermined. The term's first known use was in the American West in the 1850s.