Chap. 3 Flashcards
(17 cards)
alternative dispute resolution (ADR)
The resolution of disputes in ways other than those involved in the traditional judicial process. Negotiation, mediation, and arbitration are forms of ADR
answer
Procedurally, a defendant’s response to the plaintiff’s complaint
arbitration
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
arbitration clause
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
complaint
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
counterclaim
A claim made by a defendant in a civil lawsuit against the plaintiff. In effect, the defendant is suing the plaintiff
deposition
The testimony of a party to a lawsuit or a witness taken under oath before a trial
discovery
a phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial
interrogatories
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
jurisdiction
The authority of a court to hear and decide a specific case
long arm statute
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
mediation
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
rule of four
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
standing to sue
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
summons
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
venue
The geographic district in which a legal action is tried and from which the jury is selected
writ of certiorari
A writ from a higher court asking a lower court for the record of a case
