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27 Cards in this Set
- Front
- Back
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Alternative Dispute Resolution (ADR) |
The resolution of disputes in ways other than those involved in the traditional judicial process |
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American Arbitration Association (AAA) |
The major organizations offering arbitration services in the U.S |
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Arbitration |
The settling of a dispute by submitting it to a disinterested third party, who renders a decision |
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Arbitration Clause |
A clause in a contract that provides that, in the vent of a dispute, the parties will submit the dispute to arbitration rather than litigate |
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Award |
In context of litigation, the amount of money awarded to a plaintiff in a civil lawsuit as damages |
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Bankruptcy Court |
A federal court of limited jurisdiction that handles only bankruptcy proceedings. Bankruptcy proceedings are govern by federal bankruptcy
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Concurrent Jurisdiction |
Jurisdiction that handles only bankruptcy proceedings. Bankruptcy proceedings are govern by federal |
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Early Neutral Case Evaluation |
A form of alternative dispute resolution in which a neutral third party evaluates the strengths and weakness of disputing parties positions |
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Exclusive Jurisdiction |
Jurisdiction that exists when a case can be heard only in a particular court, such as federal or state |
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Federal Question |
A question that pertains to the U.S. Constitution, acts of Congress, or treaties. |
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In personam jurisdiction |
Court jurisdiction over the person involved in a legal action |
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In rem jurisdiction |
Court jurisdiction over the person involved in a legal action |
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Judicial review |
The process in which courts decide on the constitutionality of legislative enactments and actions of the executive branch |
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Jurisdiction |
The authority of a court to hear and decide a specific action |
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Justicable controversy |
A controversy that is not hypothetical or academic but real and substantial |
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Litigation |
The process of resolving a dispute through the court system |
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Long arm statute |
A state statute that permits a state to obtain personal jurisdiction over nonresident defendants. A defendant must have 'minimum contacts' with that state for the statute to apply. |
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Mediation |
A method of settling disputes outside of court by using the services of neutral third party. Called a mediator. |
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Mini-Trial |
A private proceeding in which each party to a dispute argues its position before the other side and vice versa. |
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Online Dispute Resolution |
The resolution of disputes with the assistance of organizations that offer dispute-resolution service via the Internet |
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Probate court |
A state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased persons estate |
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Questions of fact |
In a lawsuit, an issue involving a factual dispute that can only be decided by a judgwe |
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Rule of four |
A rule of United States Supreme Court under which the court will not issue a writ of certiorari unless four justices approve the decision |
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Small Claims Court |
A special court in which parties may litigate small claims involving 2500 or less |
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Standing to sue |
The requirement that an individual must have a sufficient state in a controversy before he she can bring a lawsuit |
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Summary jury trial |
A method of settling disputes in which a trial is held, but the jury verdict is not binding |
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Venue |
The geographical district in which an action is tried and from which the jury is selected |
