Chapter 2 Flashcards
Alternative dispute resolution (ADR)
Resolution of disputes in ways others than those involved in the traditional judicial process: negotiation, mediation, and arbitration
Answer
A defendant’s response to the plantiff’s complaint
Arbitration
Settling of a dispute by submitting it to a disinterested third party who renders a decision
Arbitration clause
Clause in a contract that provides that in the event of a dispute the parties will submit the dispute to arbitration instead of court
Award
Monetary compensation given to a party at the end of a trial or other proceeding
Bankruptcy court
Federal court of limited jurisdiction that handles only bankruptcy proceedings, which are governed by federal bankruptcy law
Brief
Written summary or statement prepared by one side in a lawsuit to explain its case to the judge
Complaint
Pleading made by a plantiff alleging wrongdoing on the part of the defendent
Concurrent jurisdiction
Exists when 2 different courts have the power to hear a case
Counterclaim
Made by a defendant in a civil lawsuit against the plaintiff
Default judgment
Entered by a court against a defendant who has failed to appear in court to answer or defend against the plantiff’s claim
Deposition
Testimony of a party to a lawsuit or a witness taken under oath before a trial
Discovery
Method by which the opposing parties obtain info from each other to prepare for trial
Diversity of citizenship
Basis for federal court jurisdiction over a lawsuit between citizens of different states or between a US citizen and a citizen of a different country
Docket
List of cases entered on a court’s calendar
E-evidence
Type of evidence that consists of computer-generated or electronically recorded info
Exclusive jurisdiction
Exists when a case can be heard only in a particular court or type of court
Federal question
Question that pertains to the US Constitution, an act of Congress, or a treaty and provides a basis for federal jurisdiction in a case
Interrogatories
Series of written questions for which written answers are prepared by a party to a lawsuit and then signed under oath
Judicial review
Process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch
Justiciable controversy
Is not hypothetical or academic but real and substantial; is a requirement that must be sastified before a court will hear a case
Litigation
Process of resolving a dispute though trhe court system
Long arm statute
A state statute that permits a state to exercise jurisdiction over nonresident defendants
Mediation
Method of settling disputes outside the courts by using the services of a neutral third party and assists them in negotiating a settlement
Metadata
Data that are automatically recorded by electronic devices and provide info about who created a file and when and who accessed modified or transmitted the file
Motion for a directed verdict
For judge to take the decision out the hands of the jury and to direct a verdict cor the party making the motion on the ground that the other party has not produced sufficient evidence to support a claim
Motion for a new trial
Asserting that the trial was so fundamentally flawed that a new trial is necessary to prevent a miscarriage of justice
Motion for judgment n.o.v.
Motion requesting the court to grant judgment in favor of the party making the motion on the ground that the jury’s verdict was unreasonable and erroneous
Motion for judgment on the pleadings
Motion by either party to a lawsuit at the close of the pleadings requesting the court to decide the issues solely on the pleadings without proceeding to trial. The motion will be granted only if no facts are in dispute
Motion for summary judgment
Motion requesting the court to enter a judgment without proceeding to trial; can be based on evidence outside the pleadings and will be granted only if no facts are in dispute
Motion to dismiss
A pleading in which a defendant admits the facts are alleged by the plaintiff but asserts that the plaintiff’s claim to state a cause of action has no basis in law
Negotiation
Process in which parties attempt to settle their dispute informally, with or without attorneys to represent them
Online dispute resolution (ODR)
Resolution of disputes with the assistance of organizations that offer dispute-resolution seevices via the Internet
Pleadings
Statements by the plaintiff and the defendant that detail the facts, charges, and defenses of a case
Probate court
A state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person’s estate
Question of fact
An issue that involves only disputes facts and not what the law is on a given point
Question of law
An issue involving the application or interpretation of a law
Reply
A plaintiff’s response to a defendant’s answer
Rule of four
A rule of the US Supreme Court under which the Court will not issue a writ of certiorari unless at least 4 justices approve of the decision to issue the writ
Services of process
Delivery of the complaint and summons to a defendant
Small claims court
Special court in which parties can litigate small claims without an attorney
Standing to sue
The legal requirement that an individual must have a sufficient stake in a controversy in order to bring a lawsuit
Summary jury trial (SJT)
Method of settling disputes by holding a trial in which the jury’s verdict is not binding but instead guides the parties toward reaching an agreement during the mandatory negotiations that immediately follow
Summons
Document informing a defendant that a legal action has been commenced against them and that they must appear in court on a certain date to answer the plaintiff’s complaint
Venue
Geographic district in which a legal action is tried and from which the jury is selected
Voir dire
Part of jury selection process in which the attorneys question prospective jurors about their backgrounds, attitudes, and biases to ascertain whether they can be impartial jurors
Writ of certiorari
A writ from a higher court asking a lower court for a record of a case
