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24 Cards in this Set
- Front
- Back
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rhe resolution of disputes in ways other than those involved in a traditional judicial process, such as negotation, mediation, and arbitration |
ADR Alternative Dispute Resolution |
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procedurally, a defendant's response to the plaintiff's complaint |
Answer |
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the settling of a dispute by submitting it to a disinterested third party (other than a court) who renders a decision |
Arbitration |
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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 |
Arbitration Clause |
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the monetary compensation given to a party at the end of a trial or other proceedings |
Award |
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a federal court of limited jurisdiction that handles only bankruptcy proceedings, which are governed by federal bankruptcy law |
Bankruptcy Court |
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a written summary or statement prepared by one side in a lawsuit to explain its case to the judge filed with a court, it initiates a lawsuit |
Complaint |
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jurisdiction exists when 2 different courts have the power to hear a case |
Concurrent Jurisdiciton |
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a claim made by a defendant in a civil lawsuit against the plaintiff. In effect, the defendant is suing the plaintiff |
Counterclaim |
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a judgement entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff's claim |
Default Judgement |
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the testimony of a party to a lawsuit or a witness taken under oath before a trial |
Deposition |
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method by which the opposing parties obtain information from each other to prepare for trial |
Discovery |
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a basis for federal court jurisdiction oveer a lawsuit between citizens of different states and countiries |
Diversity of Citizenship |
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the list of cases entered on a court's calendar and thus scheduled to be heard by the court |
Docket |
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a type of evidence that consists of all computer-generated or electronically recorded info |
E-Evidence |
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jurisdiction that exists when a case can be heard only in a particular type of court |
Exclusive Jurisdiction |
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a question pertains to the US Constitution, an act of Congress, or a treaty and provides a basis for federal jurisdiction in a case |
Federal Question |
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a series of written questions of which written answers are prepared by a party to a lawsuit, usually with the assistance of the party's attorney, and then signed under oath. |
Interrogatories |
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the process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch |
Judicial Review |
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the authority of a court to hear and decide a specific case |
Jurisdiction |
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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 |
Judicial Controversy |
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the process of resolving a dispute through the court system |
Litigation |
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a state statute that permits a state to exercise jurisdiction over non-resident defendants |
Long Arm Statute |
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a method of settling disputes outside the courts by using the services of a neutral third party, who acts as a communicating agent between the parties and assists them in negotiating settlement |
Mediation |
