Federal Court Systems and Alternative Dispute Resolution (ADR)

Question 1

Litigation

Answer 1

a lawsuit filed in court to determine liabilities and remedies. It allows each side to tell their side of the story to an impartial jury or judge.

Question 2

Litigants

Answer 2

a person or persons involved in a lawsuit.

Question 3

Prosecution

Answer 3

RELATED TO CRIMINAL CASES ONLY
the party carrying the burden of proof (government side of criminal case - represents people of the state or United States). Also the party that initiates litigation in a criminal case.

Question 4

Plaintiff

Answer 4

the party carrying the burden of proof in a civil trial (person bringing the lawsuit to court).

Question 5

Defense

Answer 5

the party that responds to a civil or criminal complaint.

Question 6

Defendant

Answer 6

the alleged wrongdoer (individual, institution, or company who is sued or accused in court of law).

Question 7

Claim

Answer 7

is a separate violation of law arising out of a single incident or series of related incidents (should be identified and named in a lawsuit).

Question 8

Argument

Answer 8

the line of reasoning about the evidence.

Question 9

Alternative Dispute Resolution (ADR)

Answer 9

methods OTHET THAN litigation of dispute resolution outside of judicial process. some ADR methods vest power to resolve the dispute in a neutral party, while other strategies vest that power in the parties themselves

Question 10

Negotiation

Answer 10

method of ADR that retains power to resolve dispute to the parties involved. (No outside party is vested with authoritative decision making power).

Question 11

Bargaining Power

Answer 11

relative power of one party with respect to another party or parties that influences abilities to set agendas, influence outcomes, and negotiate terms.

Question 12

Mediation

Answer 12

a confidential, non-binding process in which a trained mediator facilitates communication between disputants and assists parties in reaching a mutually acceptable resolution of all or part of their dispute.

Question 13

Federal Arbitration Act

Answer 13

statue enacted in 1925 that provided the basic legal principles applicable to arbitration in the united states.

Question 14

Federal District Court

Answer 14

trial courts in the federal system

Question 15

Original Jurisdiction

Answer 15

the court exercising a trial function - jurisdiction to determine the facts of the case and apply the law to them.

Question 16

Appellate Juristdiciton

Answer 16

court that hears appeals from the trial court.

Question 17

Pendent Jurisdiction

Answer 17

Federal courts will consider state-law-based claims when a case involves claims using both state and federal law. Claims based on federal laws will permit the federal court to take jurisdiction over the whole case, including any state issues raised. (Federal court gains control over state court)

Question 18

Diversity of Citizenship Jurisdiciton

Answer 18

when a case heard in federal courts really only concern state legal issues. This happens when cases arise between citizens of different states.

Question 19

Federal Question Jurisdiction

Answer 19

federal court subject matter jurisdiction based on a complaint that uses a federal statutory, regulation, or constitutional law as a cause of action.