Chap. 3

Question 1

alternative dispute resolution (ADR)

Answer 1

The resolution of disputes in ways other than those involved in the traditional judicial process. Negotiation, mediation, and arbitration are forms of ADR

Question 2

answer

Answer 2

Procedurally, a defendant’s response to the plaintiff’s complaint

Question 3

arbitration

Answer 3

The settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a decision that is (most often) legally binding

Question 4

arbitration clause

Answer 4

a clause in a contract that provides that, in the event of a dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court

Question 5

complaint

Answer 5

The pleading made by a plaintiff alleging wrongdoing on the part of the defendant; the document that, when filed with a court, initiates a lawsuit

Question 6

counterclaim

Answer 6

A claim made by a defendant in a civil lawsuit against the plaintiff. In effect, the defendant is suing the plaintiff

Question 7

deposition

Answer 7

The testimony of a party to a lawsuit or a witness taken under oath before a trial

Question 8

discovery

Answer 8

a phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial

Question 9

interrogatories

Answer 9

A series of written answers are prepared by a party to a lawsuit, usually with the assistance of the party’s attorney, and the signed under oath

Question 10

jurisdiction

Answer 10

The authority of a court to hear and decide a specific case

Question 11

long arm statute

Answer 11

A state statute that permits a state to obtain personal jurisdiction over nonresident defendants. A defendant must haver certain “minimum contacts” with that state for the statute to apply

Question 12

mediation

Answer 12

A method of settling disputes outside the courts by using the services of a neutral third party, who acts as a communicating agent between the parties and assists them in negotiating a settlement

Question 13

rule of four

Answer 13

A rule of the US Supreme Court under which the Court will not issue a writ of certiorari unless at least four justices approve of the decision to issue the writ

Question 14

standing to sue

Answer 14

The requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit. The plaintiff must demonstrate that he or she has been either injured or threatened with injury

Question 15

summons

Answer 15

A document informing a defendant that a legal action has been commenced against her or him that the defendant must appear in court on a certain date to answer the plaintiff’s complaint

Question 16

venue

Answer 16

The geographic district in which a legal action is tried and from which the jury is selected

Question 17

writ of certiorari

Answer 17

A writ from a higher court asking a lower court for the record of a case