Chapter 3: Courts and Alternative Dispute Resolution

Legal And Ethical Studies 200 with Lisenby at University of Alabama - Tuscaloosa

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By: Morgen Jensen
Created: 2011-01-04
Size: 46 flashcards
Views: 12

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judicial review

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

jurisdiction

the authority of a court to hear and decide a specific case

long arm statute

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

probate court

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

bankruptcy court

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

federal question

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

Diversity of Citizenship

a basis for federal district court jurisdiction over a lawsuit between citizens of different states, a foreign country and citizens of a state or of different states or citizens of a state and citizens or subjects of a foreign country.

concurrent jurisdiction

Jurisdiction that exists when two different courts have the power to hear a case.

exclusive jurisdiction

jurisdiction that exists when a case dcan be heard only in a particular court or type of court

docket

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

venue

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

standing to sue

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

justiciable controversy

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

small claims court

a special court in which parties may litigate small claims (such as $5000 or less). Attorneys are not required in small claims courts and, in some states, are not allowed to represent the parties.

question of fact

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 of law

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

writ of certiorari

a writ form a higher court asking the lower court for the record of a case

rule of four

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

litigation

the process of resolving a dispute through the court system

pleadings

statements made by the plaintiff and the defendant in a lawsuit that detail the facts, charges, and defenses involved in the litigation.

complaint

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

summons

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

default judgment

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

answer

procedurally, a defendant's response to the plaintiff's complaint

counterclaim

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

procedurally, a plaintiff's response to a defendant's answer

motion to dismiss

a pleading in which a defendant asserts that the plaintiff's claim fails to state a cause of action or that there are other grounds on which a suit should be dismissed

motion for judgment

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

motion for summary judgment

a motion requesting the court to enter a judgment without proceeding to trial.

discovery

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

deposition

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

interrogatories

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 sighed under oath

e-evidence

evidence that consists of computer-generated or electronically recorded information, including e-mail, voice mail, spreadsheets, word-processing documents, and other data

voir dire

French phrase meaning "to speak the truth" refers to 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

motion for a directed verdict

in a jury tial, 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

award

in litigation, the amount of monetary compensation awarded to a plaintiff in a civil lawsuit as damages

motion for judgment N.O.V.

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

motion for a new trial

a motion asserting that the trial was so fundamentally flawed that t anew trial is necessary to prevent a miscarriage of justice

brief

a formal legal document prepared by a party's attorney and submitted to an appellate court when a case is appealed

alternative dispute resolution (ADR)

the resolution of disputes in ways other than those involved in the traditional judicial process

negotiation

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

mediation

a method of settling disputes, outside of court 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.

arbitration

the settling of a dispute by submitting it toa disinterested third party who renders a decision that is legally binding

arbitration clause

a clause in a contract that provides that, in the event of a dispute, the parties will submit the dispute to arbitration rather that litigate the dispute in court

summary jury trial (SJT)

a method of settling disputes, used in many federal courts, in which a trial is held, but the jury's verdict is not binding.

online dispute resolution (ODR)

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

About this deck

By: Morgen Jensen
Created: 2011-01-04
Size: 46 flashcards
Views: 12

About StudyBlue

“I have used this website for three exams, and I see a huge difference in my test results.”
Naj