Chapter 4: Courts and Alternative Dispute Resolution Flashcards
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.
arbitration
the settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a decision. The decision may or may not be 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.
award
in the context of litigation, the amount of money awarded to a plaintiff in a civil lawsuit as damages. In the context of arbitration, the arbitrator’s decision.
bankruptcy courts
a federal court of limited jurisdiction that handles only bankruptcy proceedings.
concurrent jurisdiction
jurisdiction that exists when two different courts have the power to hear a case.
diversity of citizenship
a basis for federal court jurisdiction over a lawsuit between:
1. citizens of different states
2. a foreign country and citizens of a state or of different states
3. citizens of a state and citizens or subjects of a foreign country.
The amount in controversy must be more than $75,000 before a federal court can take jurisdiction in such cases.
early neutral case evaluation
form of ADR in which a neutral third party evaluates the strengths and weakness of the disputing parties’ positions. The evaluator’s opinion forms the basis for negotiating a settlement.
exclusive jurisdiction
jurisdiction that exists when a case can only be heard only in a particular court or type of court.
federal question
a question that pertains to the US Constitution, acts of Congress, or treaties. A federal question provides a basis for federal jurisdiction.
in personam jurisdiction
court jurisdiction over the “person” involved in a legal action; personal jurisdiction
in rem jurisdiction
court jurisdiction over a defendant’s property
judicial review
the process by which courts decide on the constitutionality of legislative enactments and actions of the executive branch.
jurisdiction
the authority of a court to hear a case and decide a specific action
litigation
the process of resolving a dispute through the court system.