Term
| Alternative dispute resolutins ADR |
|
Definition
| Process by which the parties to a dispute resolve it through a mechanism other than litigation in court |
|
|
Term
|
Definition
| formal statements made to the court by the parties to a cose that list their claims and defenses |
|
|
Term
|
Definition
| legal system in which the parties to a dipute present their own arguments and are reponsible for assertin their legal rights |
|
|
Term
|
Definition
| initial pleading by the palintiff in a civil action that informsklt he defendant of the material facts on which the plaintiff bases the lawsuit |
|
|
Term
|
Definition
| defendant asks the court to dismiss the case because it doesn not have jurisdiction over either the subject matter of the dispute of the defendant's person |
|
|
Term
|
Definition
| motion to dismiss for failure to state a claim |
|
|
Term
|
Definition
| defendant must respond to conplaint |
|
|
Term
|
Definition
| defendat admits to the claim but ssert additional facts that should result in the action being dismissed |
|
|
Term
|
Definition
| complaint by the defendant |
|
|
Term
|
Definition
| swirb ub-oersib testimony of a witness recorded by a court reporter |
|
|
Term
|
Definition
| "To speak the truth" in the trial stage, preliminary ezamination of a juror in which the attorneys and court attempt ot determine bias, incompetency and interest |
|
|
Term
|
Definition
| burden of proof must be proven by effidence |
|
|
Term
|
Definition
| verdict granted by the court on the grounds that a jury could reasonably reach onlyone conclusion on the basis of the evidence presented during the trial |
|
|
Term
|
Definition
| monitary award if the court finds that a party has suffered a legally recognized harm |
|
|
Term
| punitive or exemplary damages |
|
Definition
| in addition to compensatory damages if defendant's conduct is willful or malicoius |
|
|
Term
|
Definition
| plaintiff suffers legal wrong but has not suffered actual damges to person or property |
|
|
Term
|
Definition
| imposed when remedies at law such as monetray damages are inadequate |
|
|
Term
|
Definition
| remedy that requre the offending party to do what had been promised |
|
|
Term
|
Definition
| court order directing a person to do somehting t, to not do something being planned or to stop doing somehting |
|
|
Term
|
Definition
| written by a judge who disagrees with the decision of the majority |
|
|
Term
|
Definition
| same dispute cannot be considered again in that or any other forum |
|
|
Term
|
Definition
| court order to seize the property of the defendant to satisfy the judgment |
|
|
Term
|
Definition
| alternative dispute resolution with 3rd party |
|
|
Term
|
Definition
|
|
Term
|
Definition
| when parties decide to settle a matter between themselves |
|
|
Term
|
Definition
| use of a 3rd party in negotiation |
|
|
Term
|
Definition
| jury equivalent of a minitrial |
|
|
Term
|
Definition
| gives injured parties enough money to resore them to the economic position they were in before the injurty |
|
|