Chapter 3

Question 1

Litigation

Answer 1

The process of bringing, maintaining, and defending a lawsuit.

Question 2

Pleadings

Answer 2

The paperwork that is filed with the court to initiate and respond to a lawsuit.

Question 3

Plaintiff

Answer 3

The party who files a complaint.

Question 4

Complaint

Answer 4

The document a plaintiff files with the court and serves on the defendant to initiate a lawsuit.

Question 5

Summons

Answer 5

A court order directing the defendant to appear in court and answer the complaint.

Question 6

Answer

Answer 6

The defendant’s written response to a plaintiff’s complaint that is filed with the court and served on the plaintiff.

Question 7

Cross-complaint

Answer 7

A document filed by the defendant against the plaintiff to seek damages or some other remedy.

Question 8

Reply

Answer 8

A document filed by the original plaintiff to answer the defendant’s cross-complaint.

Question 9

Intervention

Answer 9

The act of others to join as parties to an existing lawsuit.

Question 10

Consolidation

Answer 10

The act of a court to combine two or more separate lawsuits into one lawsuit.

Question 11

Statute of limitations

Answer 11

A statute that establishes the period during which a plaintiff must bring a lawsuit against a defendant.

Question 12

Discovery

Answer 12

A legal process during which each party engages in various activities to discover facts of the case from the other party and witnesses prior to trial.

Question 13

Deposition

Answer 13

Oral testimony given by a party or witness prior to trial. The testimony is given under oath and is transcribed.

Question 14

Deponent

Answer 14

A party who gives his or her deposition.

Question 15

Interrogatories

Answer 15

Written questions submitted by one party to another party. The questions must be answered in writing within a stipulated time.

Question 16

Production of documents

Answer 16

A request by one party to another party to produce all documents relevant to the case prior to the trial.

Question 17

Physical or mental examination

Answer 17

A court-ordered examination of a party to a lawsuit before trial to determine the extent of the alleged injuries.

Question 18

Pretrial motion

Answer 18

A motion a party can make to try to dispose of all or part of a lawsuit prior to trial.

Question 19

Motion for judgment on the pleadings

Answer 19

A motion which alleges that if all the facts presented in the pleadings are taken as true, the party making the motion would win the lawsuit when the proper law is applied to these asserted facts.

Question 20

Motion for summary judgment

Answer 20

A motion which asserts that there are no factual disputes to be decided by the jury and that the judge can apply the proper law to the undisputed facts and decide the case without a jury. These motions are supported by affidavits, documents, and deposition testimony.

Question 21

Settlement conference

Answer 21

A hearing before a trial in order to facilitate the settlement of a case. Also called pretrial hearing.

Question 22

Trier of fact

Answer 22

The jury in a jury trial; the judge where there is not a jury trial.

Question 23

Voir dire

Answer 23

The process whereby prospective jurors are asked questions by the judge and attorneys to determine whether they would be biased in their decisions.

Question 24

Jury instructions

Answer 24

Instructions given by the judge to the jury that inform them of the law to be applied in the case.

Question 25

Appeal

Answer 25

The act of asking an appellate court to overturn a decision after the trial court’s final judgement has been entered.

Question 26

Appellant

Answer 26

The appealing party in an appeal. Also knows as the petitioner.

Question 27

Appellee

Answer 27

The responding party in an appeal. Also known as the respondent.

Question 28

Alternative dispute resolution (ADR)

Answer 28

Methods of resolving disputes other than litigation.

Question 29

Arbitration

Answer 29

A form of ADR in which the parties choose an impartial third party to hear and decide the dispute.

Question 30

Arbitration clause

Answer 30

A clause in a contract that requires disputes arising out of the contract to be submitted to arbitration.

Question 31

Federal Arbitration Act (FAA)

Answer 31

A federal statute that provides for the enforcement of most arbitration agreements.

Question 32

Mediation

Answer 32

A form of ADR in which the parties use a mediator to propose a settlement of their dispute.

Question 33

Conciliation

Answer 33

A form of ADR in which the parties use a third party to help them resolve their dispute.