civil procedure

Burden of Proof

Overview

Generally, describes the standard that a party seeking to prove a fact in court must satisfy to have that fact legally established.  There are different standards in different circumstances.

Interpleader

 A way for a holder of property to initiate a suit between two or more claimants to the property.  If, for example, A holds property that he knows he does not own, but that both B and C are claiming, A can sue both B and C in an interpleader action, where B and C could litigate who actually owns the property.  Interpleader avoids the problem of A being sued separately by both B and C, and potentially losing the same piece of property twice.  

A fortiori

Definition

A Latin term meaning literally 'from [the] stronger'. Translated into English and used in the particular context of legal writing, the term often means 'from [the] stronger [argument]'. If a particular fact is true, then one can infer that a second fact is also true.

Federal Question Jurisdiction

Overview

Federal question jurisdiction is one of the two ways for a federal court to gain subject-matter jurisdiction over a case (the other way is through diversity jurisdiction).  Generally, in order for federal question jurisdiction to exist, the cause of action must arise under federal law.

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