Exam 2 - Courts Terms (Ch. 3)

Question 1

Voir Dire

Answer 1

An Old French phrase meaning “to speak the truth.” In legal language, the process in which the attorneys question prospective jurors to learn about their backgrounds, attitudes, biases, and other characteristics that may affect their ability to serve as impartial jurors.

Question 2

Alternative Dispute Resolution (ADR)

Answer 2

The resolution of disputes in ways other than those involved in the traditional judicial process. Negotiation, mediation, and arbitration are forms of ADR.

Question 3

Answer

Answer 3

Procedurally, a defendant’s response to the plaintiff?s complaint.

Question 4

Arbitration

Answer 4

The settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a decision that is (most often) legally binding.

Question 5

Arbitration Clause

Answer 5

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.

Question 6

Award

Answer 6

In litigation, the amount of monetary compensation awarded to a plaintiff in a civil lawsuit as damages. In the context of alternative dispute resolution, the decision rendered by an arbitrator.

Question 7

Bankruptcy Court

Answer 7

A federal court of limited jurisdiction that handles only bankruptcy proceedings, which are governed by federal bankruptcy law.

Question 8

Brief

Answer 8

A formal legal document prepared by a party’s attorney for the appellant or the appellee (in answer to the appellant’s brief) and submitted to an appellate court when a case is appealed. The appellant’s brief outlines the facts and issues of the case, the judge’s rulings or jury’s findings that should be reversed or modified, the applicable law, and the arguments on the client’s behalf.

Question 9

Complaint

Answer 9

The pleading made by a plaintiff alleging wrongdoing on the part of the defendant; the document that, when filed with a court, initiates a lawsuit.

Question 10

Concurrent Jurisdiction

Answer 10

Jurisdiction that exists when two different courts have the power to hear a case. For example, some cases can be heard in a federal or a state court.

Question 11

Counterclaim

Answer 11

A claim made by a defendant in a civil lawsuit against the plaintiff. In effect, the defendant is suing the plaintiff.

Question 12

Default Judgment

Answer 12

A judgment entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff?s claim.

Question 13

Deposition

Answer 13

The testimony of a party to a lawsuit or a witness taken under oath before a trial.

Question 14

Discovery

Answer 14

A phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial.

Question 15

Diversity of Citizenship

Answer 15

Under Article III, Section 2, of the U.S. Constitution, a basis for federal district court jurisdiction over a lawsuit between (1) citizens of different states, (2) a foreign country and citizens of a state or of different states, or (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 district court can take jurisdiction in such cases.

Question 16

Docket

Answer 16

The list of cases entered on a court’s calendar and thus scheduled to be heard by the court.

Question 17

E-Evidence

Answer 17

Evidence that consists of computer-generated or electronically recorded information, including e-mail, voice mail, spreadsheets, document preparation systems, and other data.

Question 18

Exclusive Jurisdiction

Answer 18

Jurisdiction that exists when a case can be heard only in a particular court or type of court.

Question 19

Federal Question

Answer 19

A question that pertains to the U.S. Constitution, acts of Congress, or treaties. A federal question provides a basis for federal jurisdiction.

Question 20

Interrogatories

Answer 20

A series of written questions for which written answers are prepared by a party to a lawsuit, usually with the assistance of the party’s attorney, and then signed under oath.

Question 21

Judicial Review

Answer 21

The process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch.

Question 22

Jurisdiction

Answer 22

The authority of a court to hear and decide a specific case.

Question 23

Justiciable Controversy

Answer 23

A controversy that is not hypothetical or academic but real and substantial; a requirement that must be satisfied before a court will hear a case.

Question 24

Litigation

Answer 24

The process of resolving a dispute through the court system.

Question 25

Long Arm Statute

Answer 25

A state statute that permits a state to obtain personal jurisdiction over nonresident defendants. A defendant must have certain “minimum contacts” with that state for the statute to apply.

Question 26

Mediation

Answer 26

A method of settling disputes outside the courts by using the services of a neutral third party, who acts as a communicating agent between the parties and assists them in negotiating a settlement.

Question 27

Motion for a Directed Verdict

Answer 27

In a jury trial, a motion for the judge to take the decision out of the hands of the jury and to direct a verdict for the party who filed the motion on the ground that the other party has not produced sufficient evidence to support her or his claim.

Question 28

Motion for a New Trial

Answer 28

A motion asserting that the trial was so fundamentally flawed (because of error, newly discovered evidence, prejudice, or another reason) that a new trial is necessary to prevent a miscarriage of justice.

Question 29

Motion for Judgmentn.o.v.

Answer 29

A motion requesting the court to grant judgment in favor of the party making the motion on the ground that the jury’s verdict against him or her was unreasonable and erroneous.

Question 30

Motion for Judgment on the Pleadings

Answer 30

A motion by either party to a lawsuit at the close of the pleadings requesting the court to decide the issue solely on the pleadings without proceeding to trial. The motion will be granted only if no facts are in dispute.

Question 31

Motion for Summary Judgment

Answer 31

A motion requesting the court to enter a judgment without proceeding to trial. The motion can be based on evidence outside the pleadings and will be granted only if no facts are in dispute.

Question 32

Motion to Dismiss

Answer 32

A pleading in which a defendant asserts that the plaintiff’s claim fails to state a cause of action (that is, has no basis in law) or that there are other grounds on which the suit should be dismissed. Although the defendant normally is the party requesting a dismissal, either the plaintiff or the court can also make a motion to dismiss the case.

Question 33

Negotiation

Answer 33

A process in which parties attempt to settle their dispute informally, with or without attorneys to represent them.

Question 34

Online Dispute Resolution (ODR)

Answer 34

The resolution of disputes with the assistance of organizations that offer dispute-resolution services via the Internet.

Question 35

Pleadings

Answer 35

Statements made by the plaintiff and the defendant in a lawsuit that detail the facts, charges, and defenses involved in the litigation. The complaint and answer are part of the pleadings.

Question 36

Probate Court

Answer 36

A state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person?s estate.

Question 37

Question of Fact

Answer 37

In a lawsuit, an issue that involves only disputed facts, and not what the law is on a given point. Questions of fact are decided by the jury in a jury trial (by the judge if there is no jury).

Question 38

Question of Law

Answer 38

In a lawsuit, an issue involving the application or interpretation of a law. Only a judge, not a jury, can rule on questions of law.

Question 39

Reply

Answer 39

Procedurally, a plaintiff’s response to a defendant’s answer.

Question 40

Rule of Four

Answer 40

A rule of the United States Supreme Court under which the Court will not issue a writ of certiorari unless at least four justices approve of the decision to issue the writ.

Question 41

Small Claims Court

Answer 41

A special court in which parties may litigate small claims (such as $5,000 or less). Attorneys are not required in small claims courts and, in some states, are not allowed to represent the parties.

Question 42

Standing to Sue

Answer 42

The requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit. The plaintiff must demonstrate that he or she has been either injured or threatened with injury.

Question 43

Summons

Answer 43

A document informing a defendant that a legal action has been commenced against her or him and that the defendant must appear in court on a certain date to answer the plaintiff’s complaint.

Question 44

Venue

Answer 44

The geographic district in which a legal action is tried and from which the jury is selected.

Question 45

Writ of Certiorari

Answer 45

A writ from a higher court asking a lower court for the record of a case.