Intro To Paralegal

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Admiralty -

( AD-mer-ul-tee)

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those pertaining to the sea.

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Alternative Dispute Resolution

(al-TERN-a-tiv dis-PYOOT res-o-LOO-SHUN

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The distinct and alternative processes for settling legal disputes by means other than litigation are known collectively as-

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Venue

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The place where the trial is held-

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Change of Venue-

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is when a trial is moved to a different to town, because of publicity reasons or other reasons.

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Negotiation

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is a two party process by which each side, without the help of a neutral third party, attempts to conclude its dispute by bargaining with the other until one side's offer settlement.

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In personam jurisdiction ( personal jurisdiction)

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means jurisdiction over the person

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In personam action (personal action)

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the plaintiff must select a court that has jurisdiction over not only the subject matter, but also over the parties involved in the case.

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in rem action

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is a lawsuit that is directed against property rather than against a particular person.

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local action

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the action usually concerns title to real property and, if so, is called -

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long-arm statutes

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allow one state court to reach out ( with its long arm) to obtain personal jurisdiction over a person in another state if that person does much business in the state where the court is located.

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plenary jurisdiction

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refers to the situation in which a court has complete jurisdiction over the plaintiff, the defendant, and the subject matter of lawsuit,

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transitory action

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an action that does not concern land-

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Mediation, sometimes called consiliation

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is an informal process in which a neutral third person, called a mediator ( or conciliator) listens to both sides and makes suggestions for reaching a solution.

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Arbitration

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is a method of settling disputes in which a neutral third party, called arbitrator makes a decision after hearing arguments on both sides.

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binding arbitration

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if both parties agree in advance to the decision of the arbitrator or arbitration panel will be final and must be followed.

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nonbinding arbitration

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when the arbitrator decision is simply a recommendation and need not be complied with.

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compulsory or mandatory arbitration

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arbitration that is required by agreement or by law.