Chapter 4 - Judicial, Alternative, Administrative, and E-Dispute Resolution

Question 0

Pleadings

Answer 0

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

Question 1

Litigation

Answer 1

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

Question 2

The major pleadings are:

Answer 2

The complaint, the answer, the cross-complaint, and the reply.

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 that directs the defendant to appear in court and answer the the complaint.

Question 6

Service of process

Answer 6

When the complaint and summons are served on the defendant.

Question 7

Defendant

Answer 7

The party who files an answer.

Question 8

Answer

Answer 8

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

Question 9

Default judgment

Answer 9

When the defendant does not answer a complaint, default judgment is entered against them. This establishes the defendant’s liability, and the plaintiff has to then only prove damages.

Question 10

Cross-complaint

Answer 10

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

Question 11

Reply

Answer 11

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

Question 12

Intervention

Answer 12

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

Question 13

Consolidation

Answer 13

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

Question 14

Class action

Answer 14

A lawsuit where a group of plaintiffs with common claims collectively bring a lawsuit against a defendant.

Question 15

Statute of limitation

Answer 15

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

Question 16

Discovery

Answer 16

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 17

Deposition

Answer 17

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

Question 18

Deponent

Answer 18

A party who gives his or her deposition.

Question 19

Interrogatories

Answer 19

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

Question 20

Production of documents

Answer 20

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

Question 21

Physical or mental examination

Answer 21

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

Question 22

Pretrial motion

Answer 22

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

Question 23

Motion for judgement on the pleadings

Answer 23

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

Question 24

Motion for summary judgement

Answer 24

A motion that 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 25

Settlement conference (pretrial hearing)

Answer 25

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

Question 26

Trier of fact

Answer 26

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

Question 27

Voir dire

Answer 27

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

Question 28

Opening statement

Answer 28

Each party addresses the jury at the beginning o a trial. During opening statements, an attorney usually summarizes the main factual and legal issues of the case and describes whey they believes the client’s position is valid.

Question 29

Burden of proof

Answer 29

Evidence used to persuade the trier of fact of the merits of their case. The plaintiff bears the burden of proof.

Question 30

Direct examination

Answer 30

After a witness has been sworn in, the plaintiff’s attorney examines (i.e., questions) the witness.

Question 31

Rebuttal

Answer 31

After the defendant’s attorney has finished calling witnesses, the plaintiff’s attorney can call a witnesses and put forth evidence to rebut the defendant’s case.

Question 32

Rejoinder

Answer 32

The defendant’s attorney can call additional witnesses and introduce other evidence to counter the rebuttal.

Question 33

Closing argument

Answer 33

When all evidence has been presented, each party’s attorney is allowed address the jury. Each tries to convince the jury to render a verdict in favor of their client by pointing out the strengths in the client’s case and the weaknesses in the other side’s case.

Question 34

Jury-instructions (charges)

Answer 34

Instructions that the judge gives to the jury that inform the jurors of the law to be applied in the case.

Question 35

Judgement

Answer 35

The official decision of the court.

Question 36

Electronic court (e-court)

Answer 36

A court that either mandates or permits the electronic filing of pleadings, briefs, and other documents related to the lawsuit. Also called a virtual courthouse.

Question 37

Electronic filing (e-filing)

Answer 37

The electronic filing of pleadings, briefs, and other documents with the court.

Question 38

Appeal

Answer 38

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

Question 39

Appellant (petitioner)

Answer 39

The appealing party in an appeal.

Question 40

Appellee (respondent)

Answer 40

the responding party in an appeal.

Question 41

Alternative dispute resolution (ADR) (Nonjudicial dispute resolution)

Answer 41

Methods of resolving disputes other then litigation. Where disputes are resolved outside of the court judicial system.

Question 42

Nogotiation

Answer 42

A procedure whereby the parties to a dispute engage in discussions and bargaining to try to reach a voluntary settlement of their dispute.

Question 43

Settlement agreement

Answer 43

An agreement that is voluntarily entered into by the parties to a dispute that settles the dispute. Each side must sign the settlement agreement for ti to be effective.

Question 44

Arbitration

Answer 44

A for of alternative dispute resolution in which the parties choose and impartial third party to hear and decide the dispute.

Question 45

Arbitration clause

Answer 45

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

Question 46

Uniform Arbitration Act

Answer 46

Many states have adopted this, which promotes the arbitration of disputes at the state level. Mand federal and state courts have instituted programs to refer legal disputes to arbitration of another form of ADR.

Question 47

Federal Arbitration Act (FAA)

Answer 47

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

Question 48

Binding arbitration

Answer 48

After an arbitration hearing is complete, the arbitrator reaches a decision and issues an award. The parties often agree in advance to be bound by the arbitrator’s decision and remedy.

Question 49

Nonbinding arbitration

Answer 49

If an arbitrator has rendered a decision and an award but a party refused to abide b the arbitrator’s decision, the other party may file an actio in court to have the arbitrator’s decision enforced.

Question 50

Mediation

Answer 50

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

Question 51

Electronic dispute resolution (e-dispute resolution)

Answer 51

The use of online alternative dispute resolution services to resolve a dispute.

Question 52

Electronic arbitration (e-arbitration)

Answer 52

The arbitration of a dispute using online arbitration services.

Question 53

Electronic mediation (e-mediation)

Answer 53

The mediation of a dispute using online mediation services.

Question 54

Administrative agencies

Answer 54

Agencies that government creat to enforce regulatory statutes.

Question 55

Cabinet-level federal departments

Answer 55

Federal departments that advise the president and are responsible for enforcing specific administrative statutes enacted by Congress.

Question 56

Federal administrative agencies

Answer 56

Federal agencies that have broad regulatory powers over key areas of the national economy.

Question 57

Administrative Procedure Act (APA)

Answer 57

A federal stature that establishes procedures to be followed by federal administrative agencies while conducting their affairs.

Question 58

Administrative law judge (ALJ)

Answer 58

An employee of an administrative agency who presides over an administrative proceeding and decides questions of law and fact concerning cases.

Question 59

Delegation doctrine

Answer 59

A doctrine that says when an administrative agency is created, is delegated certain powers; the agency can use only the legislative judicial, and executive powers that are delegated to it.

Question 60

State administrative agencies

Answer 60

Agencies created by legislative branches of states to administer state regulatory laws.

Question 61

Local administrative agencies

Answer 61

Administrative agencies of cities, municipalities, counties, and local government bodies that administer local regulatory laws.

Question 62

petitioner

Answer 62

A party who appeals the decision of an administrative agency.