Chapter 1

Question 1

civil litigation

Answer 1

The process of resolving private disputes through the court system.

Question 2

trial

Answer 2

A court proceeding in which parties to a lawsuit present their evidence to a judge or jury and the judge or jury make a decision in favor of one party.

Question 3

substantive law

Answer 3

Laws that determine parties’ rights and obligations as opposed to the procedures used to enforce those rights.

Question 4

procedural law

Answer 4

Laws that set forth legal procedures or methods used by parties to enforce their rights or to oppose claims made against them.

Question 5

criminal law

Answer 5

Laws that prohibit conduct that society deems harmful and provide for punishment in the form of jail, fines, or probation.

Question 6

criminal procedure

Answer 6

The rules that apply in a criminal case and determine how a criminal case proceeds through the legal system; these are based on federal and state constitutions, codes, rules of court, and cases.

Question 7

civil procedure

Answer 7

The rules that apply in a civil case and determine how a civil case proceeds through the legal system; in federal courts many of the rules are found in the Federal Rules of Civil Procedure and the Federal Rules of Appellate Procedure.

Question 8

civil laws

Answer 8

Laws dealing with private disputes between parties.

Question 9

plaintiff

Answer 9

The party who initiates a civil or criminal lawsuit in court.

Question 10

defendant

Answer 10

The party who is sued in either a civil or criminal case.

Question 11

complaint

Answer 11

Usually the first document filed in court in connection with a lawsuit; this sets forth the allegations or contentions of the plaintiff and states the basis for the action and the type of relief requested from the court.

Question 12

petition

Answer 12

An initial document filed with the court asking the court for some order. Sometimes petitions are filed in conjunction with a complaint (e.g., asking the court to appoint a guardian for a party who cannot file a lawsuit); sometimes petitions are filed in lieu of a complaint (e.g., in certain jurisdictions petitions and not complaints are used in divorce cases).

Question 13

answer

Answer 13

The initial pleading filed by the defendant in a lawsuit, contesting the factual and/or legal basis for the lawsuit.

Question 14

default

Answer 14

Failure to file an answer or other responsive pleading within the proper time; can eventually lead to a default judgment.

Question 15

judgment

Answer 15

In a civil court action, the final decision from the trial court.

Question 16

discovery

Answer 16

In a civil case, the procedures by which all parties have the right to obtain information from other parties, and in some cases from witnesses; includes such procedures as depositions, interrogatories, and production of documents.

Question 17

motion

Answer 17

A request that a judge make a ruling or take some other action, most often in connection with a pending lawsuit.

Question 18

writ of execution

Answer 18

A court order authorizing the seizure and sale of a person’s property to satisfy a judgment against that party.

Question 19

alternative dispute resolution (ADR)

Answer 19

Ways to resolve a civil dispute without resort to a legal action.

Question 20

negotiation (negotiate)

Answer 20

Discussion between opposing parties in an attempt to settle a case; usually involving compromise by both sides.

Question 21

settlement

Answer 21

An agreement that resolves a dispute without the necessity of a court action.

Question 22

mediation

Answer 22

A nonbinding process in which a neutral third party helps disputing parties reach a settlement.

Question 23

mediator

Answer 23

The neutral third person who facilitates the mediation process.

Question 24

arbitration

Answer 24

An out-of-court process in which disputing parties present their case to a neutral third person who listens to evidence from each disputing party and makes a decision; the decision is sometimes binding and sometimes not binding.

Question 25

arbitrator

Answer 25

The neutral third party who presides over the arbitration process and makes a decision.

Question 26

primary sources

Answer 26

Print or electronic publications that contain the actual law (i.e., case reporters, codes, constitutions).

Question 27

secondary sources

Answer 27

Print or electronic publications about the law, such as articles, treatises, and encyclopedias; these are not binding on a court.

Question 28

local rules of court

Answer 28

Rules that are adopted by individual courts and apply only in those courts.

Question 29

form books

Answer 29

Books containing sample forms for legal professionals to follow in preparing pleadings and other documents.