Arbitration and litigation Flashcards

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1
Q

used to resolve a dispute between private parties in court

A

litigation

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2
Q

by whom the pre-trail work is carried out (uk)

A

solicitor

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3
Q

who will represent the claimant of defendant during a hearing or trail

A

barrister

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4
Q

ADR

A

alternative dispute resolution

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5
Q

impartial referee who decides on the matter, the parties are bound by his decision

A

arbitration

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6
Q

ODR

A

online dispute resolution

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7
Q

files a lawsuit against the defendant

A

claimant

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8
Q

delivers judgement when the case has been heard

A

the court

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9
Q

an arbiter or arbitration tribunal decides on the outcome of the case

A

arbitration

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10
Q

an independent third party helps the disputing parties reach a settlement

A

mediation

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11
Q

phase where the dispute arises and one party will have their lawyer send a letter to the other party in an attempt to reach settlement.

A

pre-trail phase

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12
Q

stage where the facts of the case are heard bu a jury or a judge. the court delivers judgement

A

trail phase

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13
Q

stage where one or both parties gather evidence about the dispute (taking testimonies, examine documents)

A

discovery phase

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14
Q

stage where the winning party can collect the judgement

A

enforcement phase

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15
Q

5 tips to prevent large legal fees

A
  • try to reach a settlement
  • hire a lawyer before firing someone
  • get everything in writing
  • insert a ‘loser pays’ rule
  • check insurance policies
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16
Q

a large sum of money which is paid to someone

A

payout

17
Q

a legal restriction imposed by a government administrative agencey

A

regulation

18
Q

to give attention to or deal with a matter or problem

A

to face/adres

19
Q

to experience something, usually something unpleasant, as a result of actions you have taken

A

to incur

20
Q

letter you send before going to trail

A

letter before action

21
Q

paragraps in a letter before action

A

paragraph1: initial reference to the instructing client
paragraph2: intstructing client’s complaint
paragraph3: outline of any evidence supporting the instructing client’s view
paragraph4: details of legal remedies available
paragraph5: what must be done to avoid legal action

22
Q

when an employee resigns as a result of the employer creating a hostile work environment.

A

constructive dismissal

23
Q

a statement that injures a third party’s reputation

A

defamation

24
Q

the one that receives a letter before action

A

recipient