Chapter 3: judicial, alternative, and e-dispute resolution Flashcards
Pleadings
The paperwork that is file with the court to initiate and respond to a lawsuit
Plaintiff
The party who files a complaint
Complaint
The document a plaintiff files with the court and serves on the defendant to initiate a lawsuit
Summons
A court order that directs the defendant to appear in court and the answer to the complaint
Service of Process
When the complaint and summons are served
Answer
A document filed by the defendant against the plaintiff to seek damages or some other remedy
Reply
A document filed by the original plaintiff to answer the defendant’s cross-complaint
Intervention
The act of other to join as parties to an existing lawsuit
Consolidation
The act of two or more separate lawsuits into one lawsuit
Class Action
A lawsuit where a group of plaintiffs with common claims collectively bring a lawsuit against a defendant
Statute of Limitations
A statute that establishes the period during which a plaintiff must bring a lawsuit against a defendant
Discovery
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
Deposition
Oral testimony given by a party or witness prior to trial; the testimony is given under oath and is transcribed
Deposition Process
Court reporter is hired and someone is served with a subpoena (an order to show up to court)
- they are sworn in then questions are asked (if someone steps out of the location they are sworn in, they become unsworn)
- person is asked to review questions asked for accuracy
Deponent
A party who gives their testimony
Interrogatories
Written questions submitted by one part to another party; questions must be answered in writing within a stipulated time
Production of Documents
A request by one party to another party to produce all documents relevant to the case prior to the trial
Physical or Mental Examination
A court-ordered examination of a party to a lawsuit before trial to determine the extent of the alleged injuries
Pretrial Motions
A motion a party can make to try to dispose of all or part of a lawsuit prior to trial
Motion for Judgement on the Pleadings
A motion that 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 assertion of facts
Motion for Summary Judgement
Asserts that there are no factual disputes to be decided by the jury and that the judge should apply the relevant law to the undisputed facts and decide the case
Settlement Conference (Pretrial Hearing)
A hearing before a trial in order to facilitate the settlement of a case
Trial
A party to a civil action of law is guaranteed the right to a jury trial
Trier of Fact
The jury in a jury trial; the judge where there is not a jury trial
Voir Dire
the process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions (attorneys asking questions)
Sequestered
Separated from family
Jury Duty
required and once chosen you are interviewed and if you pass interview then you must attend trial; reasons not to show up are dying or military
Opening Statements
An attorney summarizes the main factual and legal issues of the case and describes why he or she believes clients position is valid
Direct examination
After a witness has been sworn in, the plaintiff examines the witness; your witness
Cross Exam
After the plaintiffs attorney has completed his/her questions, defendants attorneys ask questions (your witness being examined by someone else)
Redirect Examination
After defendants attorney completes his/her questions, plaintiffs attorney asks questions of the witness
Defendants Case
Must rebut the evidence provided by defenses and prove any allegations
Rebuttal
After defendant is finished calling witnesses and plaintiffs attorney decides to call witness and put forth evidence to rebut defendants case
Rejoiner
The defendants attorney can call additional witnesses and introduce other evidence to counter the rebuttal
Closing Argument
Concluding presentation of the evidence (no new evidence is given)
Jury Instructions
Instructions that the judge gives to the jury that informs the jurors of the law to be applied in the case
Jury Deliberation
When the jury retires to the jury room to consider the evidence and they attempt to reach a decision
Verdict
The conclusion that the jury reaches
Judgement
Official decision of the court
Judgement Notwithstanding the Verdict
When the Court overturns the verdict if it finds bias or jury misconduct
Remittitur
When the judge reduces the amount of monetary damages awarded by the jury if he/she finds the jury to have biased, emotional, or inflamed
Appeal
The act of asking an appellate court to overturn a decision after the trials court’s final judgement has been entered
Appellant (petitioner)
The appealing party in an appeal
Appellee (respondant)
The responding party in an appeal
Error of Law
Can reverse an appellate courts decision
Finding of Fact
Appellate court will not reverse this, it can be made by jury or judge
Alternative Dispute Resolution (ADR)
Methods of resolving disputes other than litigation
Negotiation
A procedure whereby the parties to a dispute engage in discussions and bargaining to try to reach a voluntary settlement of their dispute
Arbitration
A form of alternative dispute resolution in which the parties choose an impartial third party to hear and decide the dispute
Arbitrator
Neutral party
Arbitration Clause
A clause in a contract that requires disputes arising out of the contract to be submitted to arbitration
Federal Arbitration Act (FAA)
A federal statute that provides for the enforcement of most arbitration agreements
Binding Arbitration
The parties often agree in advance to be bound by the arbitrators decision and remedy
Nonbinding Arbitration
Arbitration is not binding, the decision and award of the arbitrator can be appealed to the courts
Mediation
A form of alternative dispute resolution in which parties use mediator to propose a settlement of their dispute
Mediator
The neutral third party; usually a retired judge (judges retire at 70) or lawyer
Virtual Courthouses (ecourt)
A court that either mandates or permits the electronic filing of pleadings, briefs, and other lawsuit related documents
Electronic Dispute Resolution
The use of online alternative dispute resolution services to resolve a dispute
Electronic Arbitration
The arbitration of a dispute using online arbitration services
Electronic Mediation
The mediation of a dispute using online mediation services
Litigation
The process of bringing, maintaining, and defending a lawsuit
