Lesson 2: Resolving Legal Disputes

Question 1

mediation

Answer 1

negotiation moderated by third party who will make suggestions but will not make a decision

Question 2

arbitration

Answer 2

private substitute for a trial, in which an arbitrator will look at the evidence and issue a decision

Question 3

Involuntary arbitration

Answer 3

(any arbitration required by statute or court order) is typically non-binding. This means that either party may choose to appeal the arbitrator’s decision in a court of law.

Question 4

Voluntary arbitration

Answer 4

can be a bit of a misnomer, since it may not truly be “voluntary.”

While parties may freely agree to arbitrate to avoid a trial, more commonly parties end up in arbitration because of a contractual provision requiring arbitration before (or instead of) filing a suit related to that contract.

This type of arbitration, known as mandatory arbitration, is often binding, meaning that it cannot be appealed to a court.

Question 5

personal jurisdiction

Answer 5

Personal jurisdiction means that the court has the legal right to compel the defendant to appear in court.

The constitutional right to due process means a court can’t simply order the resident of another state or another country to appear in court. The defendant must be a resident of the state or have committed an act in the state.

Question 6

US District Court

Answer 6

Cases will be heard in U.S. District Court if the federal government is a party to the case, if the case presents a question of federal law, or if there is diversity between the parties.

Question 7

Diversity jurisdiction

Answer 7

For purposes of federal district court jurisdiction, diversity of parties exists when the parties are residents of different states.

Diversity jurisdiction also requires the amount in controversy to be at least $75,000.

Question 8

Affirmative defenses

Answer 8

are procedural arguments, rather than denials of wrongdoing (unhappy plaintiffs may refer to them as “technicalities,” especially if their claims are dismissed as a result).

Question 9

delayed discovery rule

Answer 9

The delayed discovery rule states that the statute of limitations doesn’t begin to “run” until the plaintiff has had a reasonable chance to discover the injury.

Question 10

limitations on action clause

Answer 10

Parties may enter into contracts that contain a limitations on action clause, which states that the plaintiff has even less time to file a claim than allowed by the statute of limitations.

Question 11

bench trial

Answer 11

The defendant or the plaintiff may request that the case be heard before a jury. If neither party makes a jury demand, a judge decides the case (this is called a ‘bench trial.’)

Question 12

production request

Answer 12

A production request is a written request from one party to the other to provide copies of documents that are relevant to the case.

Question 13

summary judgment motion

Answer 13

In a summary judgment motion, one party will ask the court to rule immediately, pre-trial, on the validity of a legal issue or even the entire claim.

Question 14

voir dire

Answer 14

In a process known as voir dire, the judge or the parties’ lawyers will ask questions of prospective jurors to look for signs of any biases that could affect how they might decide the case.

Question 15

peremptory challenge

Answer 15

They don’t have to justify the dismissal; it can simply be based on a hunch regarding the person’s personality or profession.

In California, each side usually receives only six peremptory challenges in a civil case, so they must use them carefully and strategically.

Question 16

prejudicial error

Answer 16

An error is prejudicial if it affected the outcome in a way that harmed the appellant.

A prejudicial error requires corrective action.