Chapter 3 - Dispute Resolution

Front 1

Litigation

Back 1

The process of filing claims in court and ultimately going to trial.

Front 2

Alternative dispute resolution

Back 2

Any formal or informal process used to settle disputes without trial.

Front 3

What are some forms of Alternate Dispute Resolution (ADR)?

Back 3

Negotiation, Mediation, and Arbitration

Front 4

Trial Courts

Back 4

Determine the facts of a particular dispute and apply to those facts the law given by earlier appellate court decisions.

Front 5

Jurisdiction

Back 5

A court's power to hear a case.

Front 6

Limited / General Jurisdiction

Back 6

The courts that may only hear certain types of cases have limited jurisdiction.

The courts that may hear a broad range of cases have general jurisdiction.

Front 7

Appeals courts

Back 7

Generally accept the facts given to them by trial courts and review the trial record to see if the court made errors of law.

Front 8

Error of law

Back 8

A finding by an appellate court that a law was misapplied or misinterpreted.

Front 9

Appellant

Back 9

The party filing the appeal

Front 10

Appellee

Back 10

The party opposing the appeal

Front 11

Briefs

Back 11

Written arguments on the case.

Front 12

Reversed

Back 12

Nullified

Front 13

Affirmed

Back 13

Permitted to stand.

Front 14

Federal question

Back 14

A case in which the claim is based on the United States Constitution, a federal statute, or a federal treaty.

Front 15

Diversity Jurisdiction

Back 15

(1) The plaintiff defendant are citizens of different states and (2) The amount in dispute exceeds $75,000.

Front 16

Writ of Centiorari

Back 16

A petition asking the Supreme Court to hear a case.

Front 17

Pleadings

Back 17

The documents that begin a lawsuit, consisting of the complaint, the answer, and sometimes a reply.

Front 18

Complaint

Back 18

A short, plain statement of the facts alleged and the legal claims made.

Front 19

Default judgement

Back 19

A decision that the plaintiff wins without a trial because the defendant failed to answer in time.

Front 20

Counter-claim

Back 20

A second lawsuit by the defendant against the plaintiff.

Front 21

Reply

Back 21

An answer to a counter-claim.

Front 22

Class action

Back 22

One plaintiff represents the entire group of plaintiffs, including those who are unaware of the lawsuit or even unaware they were harmed.

Front 23

Motion

Back 23

A formal request to the court to take some step or issue an order.

Front 24

Discovery

Back 24

The pre-trial opportunity for both parties to learn the strengths and weaknesses of the opponent's case.

Front 25

Interrogatories

Back 25

Written questions that the opposing party must answer, in writing, under oath.

Front 26

Deponent

Back 26

The person being questioned in a deposition.

Front 27

Deposition

Back 27

A question and answer session while the plaintiff and defendants are both under oath providing a chance for one party's lawyer to question the other party, or a potential witness. The purpose is so that no surprises arise while in trial for either parties.

Front 28

Production of Documents and Things

Back 28

Each side may ask the other side to produce relevant documents for inspection and copying; to produce physical objects, or for permission to enter on land to make an inspection.

Front 29

Physical and Mental Examination

Back 29

A party may ask the court to order an examination of the other party, if his physical or mental condition is relevant.

Front 30

Motion for a protective order

Back 30

A request that the court limit discovery.

Front 31

Motion to compel answers to interrogatories

Back 31

A formal request that the court order the deponent to supply more commplete answers.

Front 32

Summary Judgement

Back 32

A ruling by the court that no trial is necessary because some essential facts are not in dispute.

Front 33

Voir Dire

Back 33

The process of selecting a jury.

Front 34

Challenges for cause

Back 34

A claim that a junior has demonstrated probable bias.

Front 35

Peremptory challenges

Back 35

The right to excuse a juror for virtually any reason. It must convince the jury that its version of the facts is at least slightly more likely than the defendant's version.

Front 36

Preponderance of the evidence

Back 36

The plaintiff's burden of proof in a civil lawsuit.

Front 37

Beyond a reasonable doubt

Back 37

The government's burden of proof in a criminal prosecution. The burden of proof for a criminal case is much tougher.

Front 38

Direct examination

Back 38

When a lawyer asks questions of her own witness

Front 39

Cross-examine

Back 39

To ask questions of an opposing witness.

Front 40

Directed verdict

Back 40

A ruling that the plaintiff has entirely failed to meet his burden of proof.

Front 41

Judgment non obstante veredicto

Back 41

A judgement notwithstanding the jury's verdict.

Front 42

Precedent

Back 42

Earlier decisions by the state appellate courts on similar issues.

Front 43

Modify

Back 43

To affirm the outcome but with changes.

Front 44

Reverse and Remand

Back 44

To nullify the lower decision and return the case for reconsideration or retrial.

Front 45

Harmless Error

Back 45

A mistake by the trial judge that was too minor to affect the outcome.

Front 46

Court systems

Back 46

There are many systems of courts, one federal and one in each state. A federal court will hear a case only if it involves a federal question or diversity jurisdiction.

Front 47

Trial and Appellate Courts

Back 47

Trial courts determine facts and apply the law to the facts; appeals court generally accept the facts found by the trial court and review the trial record for errors of law.