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 the plaintiff’s complaint.

arbitration

The settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a decision.

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, which are governed by federal bankruptcy law.

brief

A written summary or statement prepared for one side in a lawsuit to explain its case to the judge.

complaint

The pleading made by a plaintiff alleging wrongdoing on the part of the defendant,. When filed with a court, the complaint imitates a lawsuit.

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. In effect, the defendant is suing the plaintiff.

default judgment

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.

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 and countries.

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, an act of Congress, or a treaty and provides a basis for federal jurisdiction in a case.

interrogatories

A series of written questions for 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.

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; a requirement that must be satisfied before a court will hear a case.

litigation

The process of resolving a dispute through the court system.

long arm statute

A state statute that permits a state to exercise jurisdiction over nonresident defendants.

mediation

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 a settlement.

motion for a directed verdict

A motion for the judge to take the decision out of the hands of the jury and to direct a verdict for the party making 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 (because of error, newly discovered evidence, prejudice, or another reason) that a new trial is necessary to prevent a miscarriage of justice.

motion for judgement:

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 judgement on the pleadings:

A motion by either party to a lawsuit at the close of the pleadings requesting the court to decide the issue safely on the pleadings without proceeding to trial. The motion will be granted only if no facts are in dispute.

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 to state a cause of action has no basis in law.

negotiation

A process in which parties attempt to settle their dispute informally, with or without attorney’s to represent them. In the context of negotiable instruments law, the transfer of an instrument in such form that the transferee - the person to whom the instrument is transferred - becomes a holder.

online dispute resolution (ODR):

The resolution of disputes with the assistance of organizations that offer dispute-resolution services via the Internet.

pleadings

Statements by the plaintiff and the defendant 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.

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.

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 the devision to issue the writ.

small claims court:

A special court in which parties can litigate small claims without an attorney.

standing to sue:

The legal requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit.

summary jury trial (SJT):

A method of settling disputes by holding a trial in which the jury’s verdict is not binding but instead guides the parties toward reaching an agreement during the mandatory negotiations that immediately follow.

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

An important part of the jury selection process in which the attorneys question prospective jurors about their backgrounds, attitudes , and biases to ascertain whether they can be impartial jurors.

writ of certiorari

A writ from a higher court asking a lower court for the record of a case.