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Legal Environment
Chapter 2
| Term | Definition |
|---|---|
| Alternative Dispute Resolution (ADR) | The resolution of disputes in ways other than those involved in the traditional judicial process, such as negotiation, mediation, and arbitration. |
| Answer | Procedurally, a defendant’s response to a complaint. |
| Arbitration | The settling of a dispute by submitting it to a disinterested third party who renders a decision that is often 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 than litigate the dispute in court. |
| Award | The monetary compensation given to a party at the end of a trial or other proceeding. |
| Bankruptcy Court | A federal court of limited jurisdiction that handles only bankruptcy proceedings. |
| Brief | A written summary or statement prepared by one side in a lawsuit to explain its case to the judge. |
| Civil Law System | A system of law derived from the Roman Empire and based on a code rather than case law. Most European nations have this system. |
| Complaint | The pleading made by a plaintiff or a charge made by the state alleging wrongdoing on the part of the defendant. |
| Concurrent Jurisdiction | Jurisdiction that exists when two different courts have the power to hear a case. |
| Counterclaim | A claim made by a defendant in a civil lawsuit against the plaintiff. |
| 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. |
| Deposition | The testimony of a party to a lawsuit or a witness taken under oath before a trial. |
| Discovery | A method by which the opposing parties obtain information from each other to prepare for trial. |
| Diversity of Citizenship | A basis for federal court jurisdiction over a lawsuit between citizens of different states. |
| Docket | The list of cases entered on a court’s calendar and thus scheduled to be heard by the court. |
| E-Evidence | A type of evidence that consists of all computer-generated or electronically recorded information. |
| Exclusive Jurisdiction | Jurisdiction that exists when a case can be heard only in a/particular court or type of court. |
| Federal Question | A question that pertains to the U.S. Constitution, acts of Congress, or treaties. A federal question provides a basis for federal jurisdiction. |
| Interrogatory | A series of written questions for which written answers are prepared and then signed under oath by the plaintiff or the defendant. |
| 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. |
| Justiciable Controversy | A controversy that is not hypothetical or academic but real and substantial. |
| Litigation | The process of resolving a dispute through the court system. |
| Long Arm Statute | A state statute that permits a state to obtain personal jurisdiction over nonresident defendants. |
| Mediation | A method of settling disputes outside the courts by using a neutral third party who acts as a communicating agent between the parties and assists them in negotiating a settlement. |
| Motion for a Directed Verdict | A motion for the judge 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. |
| Motion for a New Trial | A motion asserting that the trial was so fundamentally flawed that a new trial is necessary to prevent a miscarriage of justice. |
| 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 Judgment on the Pleadings | A motion 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. The motion can be based on evidence outside the pleadings and will be granted only if no facts are in dispute. |
| Motion to Dismiss | A pleading in which a defendant admits the facts as alleged by the plaintiff but asserts that the plaintiff’s claim has no basis in law. |
| Negotiation | A process in which parties attempt to settle their dispute informally, with or without attorneys to represent them. |
| Online Dispute Resolution (ODR) | The resolution of disputes with the assistance of organizations that offer dispute-resolution services via the Internet. |
| Pleadings | Statements made by the plaintiff and the defendant in a lawsuit that detail the facts, charges, and defenses of a case. |
| Probate Court | A state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person’s estate. |
| Question of Fact | In a lawsuit, an issue that involves only disputed facts and not what the law is on a given point. |
| Question of Law | In a lawsuit, an issue involving the application or interpretation of a law. |
| Reply | Procedurally, a plaintiff’s response to a defendant’s answer. |
| 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. |
| Small Claims Court | A special court in which parties may litigate small claims (such as $5,000 or less) without an attorney. |
| Standing to Sue | The requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit. |
| Summons | 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. |
| Venue | The geographic district in which a legal action is tried and from which the jury is selected. |
| Voir Dire | The process in which the attorneys question prospective jurors to learn about their personal characteristics that may affect their ability to serve as impartial jurors. |
| Writ of Certiorari | A writ from a higher court asking a lower court for the record of a case. |
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mjgraham237
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