Dispute Resolution Flashcards
Fundamental areas of law
Alternative dispute resolution
Structure of court systems
Civil lawsuits
Litigator
Lawyer who handles court cases
Litigation
Lawsuits/going to trial
Alternative dispute resolution
Negotiation
Mediation
Arbitration
Arbitration
Third party with power to impose awards
Discovery
Allows parties to obtain, before trial, opponents evidence
Trial courts
Determine facts of s dispute and apply law to the facts given by appeal ate court decisions
Appellate courts
Three judges decide on written and oral arguments
Federal question cases
A claim based on the constitution, a federal statute, or a federal treaty
Diversity jurisdiction
When plaintiff and defendant are from different states and the dispute exceeds 75k
Disposition
Chance for cross examination
Camera inspection
Judge reviews evidence alone and determines if other party needs to see it to protect privacy
Appeals court options
Affirm
Modify
Reverse
Remand - new trial