CH 3 - Courts and Alternative Dispute Resolution Flashcards
LONG ARM STATUTE
Ability of the court to reach out of state defendants
JURISDICTION
Place / Topic
Authority of a court to hear a certain case
VENUE
Appropriate place for a trial
STANDING TO SUE
The right to sue
6 STATE FEDERAL CIRCUITS
NY - 2 CAL - 9 ILL - 7 FL - 11 TX - 5 PENN - 3
LITIGATION
Resolving a dispute through the court system
PLEADINGS
Statements - plaintiff and defendant - that detail facts, charges, and defenses of a case
COMPLAINT
Plaintiff pleading alleging wrongdoing of the defendant. When filed with a court, the complaint initiates a lawsuit
SUMMONS
Notice to the defendant about being sued and better respond and appear or lose
DEFAULT JUDGEMENT
Judgement against an individual who has failed to appear in court, to answer, or to defend against the plaintiff claim
ANSWER
Defendant response to plaintiff complaint
COUNTERCLAIM
Counter argument, defendants own claims vs the plaintiff in his answer
REPLY
Plaintiff response to defendants answer
VOIR DIRE
Attorneys question potential jurors
BRIEF
Written summary or statement prepared by one side in a lawsuit to explain its case to the judge
ADR
Alternative Dispute Resolution
- Negotiation
- Mediation
- Arbitration
NEGOTIATION
Parties try to resolve on their own with or w/o attorneys, no 3rd party
MEDIATION
Neutral 3rd party helps parties reach a compromise or solution not binding (i.e. Divorce)
ARBITRATION
“Just one is going to win”
3rd party hears arguments and evidence and renders a decision which may be binding or not
SJT
Summary Jury Trial
jury’s verdict guides the parties toward reaching an agreement during the mandatory negotiations
ODR
Online Dispute Resolution
Internet based dispute resolution
