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is the process of resolving private disputes through
the court system |
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A court proceeding in which parties to a lawsuit present their evidence
to a judge or jury and the judge or jury make[image] a decision in
favor of one party |
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Laws that determine parties rights and obligations as opposed
to the procedures used to enforce those rights |
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Laws that set forth legal procedures or methods used by parties
to enforce their rights or to oppose claims made
against them |
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Laws that prohibit conduct that society deems harmful and
provide for punishment in form of jail, fines, or probation |
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The rules that apply in a criminal case and determine how a criminal case proceeds through the legal system; these are based on federal and state constitutions, codes, rules of court, and cases.
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| The rules that apply in a civil case and determine how a civil case proceeds through the legal system; in federal courts many of the rules are found in the Federal Rules of Civil Procedure and the Federal Rules of Appellate Procedure. |
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| Laws dealing with private disputes between parties. |
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| The party who initiates a civil or criminal lawsuit in court. |
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| The party who is sued in either a civil or criminal case. |
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| The party who is sued in either a civil or criminal case. |
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Definition
Usually the first document filed in court in connection with a lawsuit; this sets forth the allegations or contentions of the plaintiff and states the basis for the action and the type of relief requested from the court.
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| An initial document filed with the court asking the court for some order. Sometimes petitions are filed in conjunction with a complaint (e.g., asking the court to appoint a guardian for a party who cannot file a lawsuit); sometimes petitions are filed in lieu of a complaint (e.g., in certain jurisdictions petitions and not complaints are used in divorce cases). |
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| The initial pleading filed by the defendant in a lawsuit, contesting the factual and/or legal basis for the lawsuit. |
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| Failure to file an answer or other responsive pleading within the proper time; can eventually lead to a default judgment. |
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| In a civil court action, the final decision from the trial court. |
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| In a civil case, the procedures by which all parties have the right to obtain information from other parties, and in some cases from witnesses; includes such procedures as depositions, interrogatories, and production of documents. |
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| A request that a judge make a ruling or take some other action, most often in connection with a pending lawsuit. |
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| A court order authorizing the seizure and sale of a person’s property to satisfy a judgment against that party. |
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| alternative dispute resolution (ADR) |
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| Ways to resolve a civil dispute without resort to a legal action. |
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| Discussion between opposing parties in an attempt to settle a case; usually involving compromise by both sides. |
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| An agreement that resolves a dispute without the necessity of a court action. |
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| A nonbinding process in which a neutral third party helps disputing parties reach a settlement. |
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| The neutral third person who facilitates the mediation process. |
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| An out-of-court process in which disputing parties present their case to a neutral third person who listens to evidence from each disputing party and makes a decision; the decision is sometimes binding and sometimes not binding. |
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| The neutral third party who presides over the arbitration process and makes a decision. |
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| Print or electronic publications that contain the actual law (i.e., case reporters, codes, constitutions). |
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| Print or electronic publications about the law, such as articles, treatises, and encyclopedias; these are not binding on a court. |
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| Rules that are adopted by individual courts and apply only in those courts. |
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Constitutions
• United States
• State
Statutes and Rules
• U.S. Codes
• Federal Rules
• Federal Rules of Civil Procedure
• Federal Rules of Appeal
• Federal Rules of Evidence
• State Codes
• State Rules of Court
• Federal and State Local Rules of Court
Case Law
• U.S. Supreme Court Cases
• Federal Appellate Court Cases
• State Supreme Court Cases
• State Appellate Court Cases |
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Legal Encyclopedias
• Practice Manuals
• Textbooks
• Form Books |
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| Books containing sample forms for legal professionals to follow in preparing pleadings and other documents. |
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| Electronic file storage where files are stored on the Internet rather than on the office computer. |
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