Question | Answer |
Alternative Dispute Resolution (ADR) | Alternative to litigation in the form of negotiation, mediation, or arbitration |
Answer | Defendant's response to plantiff's complaint |
Arbitration | Settling of a dispute by submitting it to a 3rd party who will render a decision |
Arbitration Clause | Clause in contract that states that in an event of a dispute, the dispute must be settled in arbitration and not litigation |
Award | Monetary Compensation given to a party at end of proceeding |
Bankruptcy Court | Federal Court with limited jurisdiction that handles only bankruptcy proceedings |
Brief | Written summary prepared by one side in a lawsuit to explain their case to the judge |
Complaint | Pleading made by plantiff, what initiates the lawsuit |
Concurrent Jurisdiction | When two different courts have power to hear case |
Counterclaim | Defendant's claim in civil lawsuit against plantiff |
Default Judgment | Plantiff wins case because Defendant fails to appear |
Deposition | Testimony of a party (witness) taken under oath BEFORE trial |
Discovery | Method by which opposing parties obtain information from each other to prepare for trial |
Diversity of Citizenship | Jurisdiction requirement over a lawsuit between citizens of different states and countries |
Docket | List of cases entered on a court's calendar |
E-Evidence | Evidence consisting of electronically recorded information |
Federal Question | Question that pertains to the U.S. Constitution, Congress Acts, or Treaties |
Exclusive Jurisdiction | Case may only be heard in one court |
Interrogatries | Written questions for which written answers are prepared by a party to a lawsuit |
Judicial Review | Process by which a court decides on teh constitutionality of statutes |
Jurisdiction | Authority of a court to hear a case |
Justiciable Controversary | Controversry that is not hypothetical or academic |
Litigation | Process of resolving a dispute through court system (trial) |
Long Arm Statute | A state statute that allows a state to exercise jurisdiction over nonresident defendants |
Mediation | settling disputes outside of court with a third party mediator (used for custody cases primarily) |
Metadata | Data automatically recorded by electronic devices (data about data) |
Motion for a Directed Verdict | Defendant asks Judge to remove Jury because Plaintiff has not produced enough evidence for claim |
Motion for a New Trial | Request for new trial due to fundamental error |
Motion for Judgment N.O.V. | Request to Judge to remove Jury's verdict because it was biased, thus awarding judgment to party requesting the N.O.V. |
Motion for Judgment on the Pleadings | Request for judgment after pleadings only, not wanting to go to trial |
Motion for Summary Judgment | Request to enter judgment without proceeding to trial, other evidence used outside of pleadings |
Motion to Dismiss | Defendant's pleading acknowledges plantiff's facts but asserts that the claim has no basis in law |
Negotiation | Process in which parties attempt to settle dispute informally, outside of court |
Online Dispute Resolution | Dispute resolution services via the internet |
Pleadings | statements by plaintiff and defendant that detail the facts of the case |
Probate Court | State court of limited jurisdiction that hears cases about a deceased person's estate |
Question of Fact | An issue that involves only disputed facts |
Question of Law | An issue involving the application or interpretation of a law |
Reply | Plaintiff's response to a defendant's answer |
Rule of Four | Four justices must approve writ of certiorari |
Service of Process | Delivery of Complaint and Summons to the defendant |
Small Claims Court | Parties can litigate small claims without an attorney |
Standing to Sue | Legal requirement that an individual must have a sufficient stake in a controversy before he can bring a lawsuit |
Summons | Document informing defendant that a legal action has been commenced |
Venue | Appropriate place for trial to be held (city, county, etc.) |
voir dire | Jury Selection Process |
Writ of Certorari | Higher court asking lower court for record of a case |
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