Ch 4 - Dispute Resolution

Question 1

alternative dispute resolution (ADR)

Answer 1

a range of options for resolving disputes as an alternative to litigation

Question 2

negotiation

Answer 2

process of deliberation and discussion intended to reach a mutually acceptable resolution to a dispute

Question 3

mediator

Answer 3

person who helps the parties resolve their dispute

Question 4

arbitrator

Answer 4

person who listens to the parties to a dispute and makes a ruling that is usually binding on the parties

Question 5

binding

Answer 5

final and enforceable in the courts

Question 6

plaintiff

Answer 6

party that initiates a lawsuit against another party

Question 7

defendant

Answer 7

party being sued

Question 8

class action

Answer 8

lawsuit launched by one person who represents a class of persons having similar claims against the same defendant

Question 9

pleadings

Answer 9

formal documents concerning the basis for a lawsuit

Question 10

claim

Answer 10

formal document that litigation by setting out the plaintiff’s allegations against the defendant

Question 11

defence

Answer 11

defendant’s formal response to the plaintiff’s allegations

Question 12

counterclaim

Answer 12

claim by the defendant against the plaintiff

Question 13

discovery

Answer 13

process of disclosing evidence to support the claims in a lawsuit

Question 14

trial

Answer 14

formal hearing before a judge that results in a binding decision

Question 15

burden of proof

Answer 15

obligation of the plaintiff to prove its case

Question 16

evidence

Answer 16

proof presented in court to support a claim

Question 17

decision

Answer 17

the judgment of the court that specifies which party is successful and why

Question 18

costs

Answer 18

legal expenses that a judge orders the loser to pay the winner

Question 19

judgment debtor

Answer 19

party ordered by the court to pay a specified amount to the winner of a lawsuit

Question 20

appeal

Answer 20

process of arguing to a higher court that a court decision is wrong

Question 21

appellant

Answer 21

the party who begins or files an appeal

Question 22

respondent

Answer 22

party against whom an appeal is filed

Question 23

contingency fee

Answer 23

fee based on a percentage of the judgment awarded, and paid by the client tot he lawyer only if the action is successful

Question 24

limitation period

Answer 24

time period specified by legislation for commencing legal action