Chapter 4 - Judicial, Alternative, Administrative, and E-Dispute Resolution Flashcards Preview

Business Law > Chapter 4 - Judicial, Alternative, Administrative, and E-Dispute Resolution > Flashcards

Flashcards in Chapter 4 - Judicial, Alternative, Administrative, and E-Dispute Resolution Deck (63)
Loading flashcards...
0
Q

Pleadings

A

The paperwork that is filled with the court to initiate and respond to a lawsuit.

1
Q

Litigation

A

The process of bringing, maintaining, and defending a lawsuit.

2
Q

The major pleadings are:

A

The complaint, the answer, the cross-complaint, and the reply.

3
Q

Plaintiff

A

The party who files a complaint.

4
Q

Complaint

A

The document a plaintiff files with the court and serves on the defendant to initiate a lawsuit.

5
Q

Summons

A

A court order that directs the defendant to appear in court and answer the the complaint.

6
Q

Service of process

A

When the complaint and summons are served on the defendant.

7
Q

Defendant

A

The party who files an answer.

8
Q

Answer

A

The defendant’s written response to a plaintiff’s complaint that is filed with the court and served on the plaintiff.

9
Q

Default judgment

A

When the defendant does not answer a complaint, default judgment is entered against them. This establishes the defendant’s liability, and the plaintiff has to then only prove damages.

10
Q

Cross-complaint

A

A document filed by the defendant against the plaintiff to seek damages or some other remedy.

11
Q

Reply

A

A document filed by the original plaintiff to answer the defendant’s cross-complaint.

12
Q

Intervention

A

The act of others to join as parties to an existing lawsuit.

13
Q

Consolidation

A

The act of a court to combine two or more separate lawsuits into one lawsuit.

14
Q

Class action

A

A lawsuit where a group of plaintiffs with common claims collectively bring a lawsuit against a defendant.

15
Q

Statute of limitation

A

A statute that establishes the period during which a plaintiff must bring a lawsuit against a defendant.

16
Q

Discovery

A

A legal process during which each party engages in various activities to discover facts of the case from the other party and witnesses prior to trial.

17
Q

Deposition

A

Oral testimony given by a party or witness prior to trial. The testimony is given under oath and is transcribed.

18
Q

Deponent

A

A party who gives his or her deposition.

19
Q

Interrogatories

A

Written questions submitted by one party to another party. The questions must be answered in writing within a stipulated time.

20
Q

Production of documents

A

A request by one party to another party to produce all documents relevant to the case prior to the trial.

21
Q

Physical or mental examination

A

A court-ordered examination of a party to a lawsuit before trial to determine the extent of the alleged injuries.

22
Q

Pretrial motion

A

A motion a party can make to try to dispose of all or part of a lawsuit prior to trial.

23
Q

Motion for judgement on the pleadings

A

A motion that alleges that if all the facts presented in the pleadings are takes as true, the party making the motion would win the lawsuit when the proper law is applied to these asserted facts.

24
Q

Motion for summary judgement

A

A motion that asserts that there are no factual disputes to be decided by the jury and that the judge can apply the proper law to the undisputed facts and decide the case without a jury. These motions are supported by affidavits, documents, and deposition testimony.

25
Q

Settlement conference (pretrial hearing)

A

A hearing before a trial in order to facilitate the settlement of a case.

26
Q

Trier of fact

A

The jury in a jury trial; the judge where there is not a jury trial.

27
Q

Voir dire

A

the process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions.

28
Q

Opening statement

A

Each party addresses the jury at the beginning o a trial. During opening statements, an attorney usually summarizes the main factual and legal issues of the case and describes whey they believes the client’s position is valid.

29
Q

Burden of proof

A

Evidence used to persuade the trier of fact of the merits of their case. The plaintiff bears the burden of proof.

30
Q

Direct examination

A

After a witness has been sworn in, the plaintiff’s attorney examines (i.e., questions) the witness.

31
Q

Rebuttal

A

After the defendant’s attorney has finished calling witnesses, the plaintiff’s attorney can call a witnesses and put forth evidence to rebut the defendant’s case.

32
Q

Rejoinder

A

The defendant’s attorney can call additional witnesses and introduce other evidence to counter the rebuttal.

33
Q

Closing argument

A

When all evidence has been presented, each party’s attorney is allowed address the jury. Each tries to convince the jury to render a verdict in favor of their client by pointing out the strengths in the client’s case and the weaknesses in the other side’s case.

34
Q

Jury-instructions (charges)

A

Instructions that the judge gives to the jury that inform the jurors of the law to be applied in the case.

35
Q

Judgement

A

The official decision of the court.

36
Q

Electronic court (e-court)

A

A court that either mandates or permits the electronic filing of pleadings, briefs, and other documents related to the lawsuit. Also called a virtual courthouse.

37
Q

Electronic filing (e-filing)

A

The electronic filing of pleadings, briefs, and other documents with the court.

38
Q

Appeal

A

The act of asking an appellate court to overturn a decision after the trial court’s final judgement has been entered.

39
Q

Appellant (petitioner)

A

The appealing party in an appeal.

40
Q

Appellee (respondent)

A

the responding party in an appeal.

41
Q

Alternative dispute resolution (ADR) (Nonjudicial dispute resolution)

A

Methods of resolving disputes other then litigation. Where disputes are resolved outside of the court judicial system.

42
Q

Nogotiation

A

A procedure whereby the parties to a dispute engage in discussions and bargaining to try to reach a voluntary settlement of their dispute.

43
Q

Settlement agreement

A

An agreement that is voluntarily entered into by the parties to a dispute that settles the dispute. Each side must sign the settlement agreement for ti to be effective.

44
Q

Arbitration

A

A for of alternative dispute resolution in which the parties choose and impartial third party to hear and decide the dispute.

45
Q

Arbitration clause

A

A clause in a contract that requires disputes arising out of the contract to be submitted to arbitration.

46
Q

Uniform Arbitration Act

A

Many states have adopted this, which promotes the arbitration of disputes at the state level. Mand federal and state courts have instituted programs to refer legal disputes to arbitration of another form of ADR.

47
Q

Federal Arbitration Act (FAA)

A

A federal statute that provides for the enforcement of most arbitration agreements.

48
Q

Binding arbitration

A

After an arbitration hearing is complete, the arbitrator reaches a decision and issues an award. The parties often agree in advance to be bound by the arbitrator’s decision and remedy.

49
Q

Nonbinding arbitration

A

If an arbitrator has rendered a decision and an award but a party refused to abide b the arbitrator’s decision, the other party may file an actio in court to have the arbitrator’s decision enforced.

50
Q

Mediation

A

A form of alternative disputes resolution in which the parties use a mediator to propose a settlement of their dispute.

51
Q

Electronic dispute resolution (e-dispute resolution)

A

The use of online alternative dispute resolution services to resolve a dispute.

52
Q

Electronic arbitration (e-arbitration)

A

The arbitration of a dispute using online arbitration services.

53
Q

Electronic mediation (e-mediation)

A

The mediation of a dispute using online mediation services.

54
Q

Administrative agencies

A

Agencies that government creat to enforce regulatory statutes.

55
Q

Cabinet-level federal departments

A

Federal departments that advise the president and are responsible for enforcing specific administrative statutes enacted by Congress.

56
Q

Federal administrative agencies

A

Federal agencies that have broad regulatory powers over key areas of the national economy.

57
Q

Administrative Procedure Act (APA)

A

A federal stature that establishes procedures to be followed by federal administrative agencies while conducting their affairs.

58
Q

Administrative law judge (ALJ)

A

An employee of an administrative agency who presides over an administrative proceeding and decides questions of law and fact concerning cases.

59
Q

Delegation doctrine

A

A doctrine that says when an administrative agency is created, is delegated certain powers; the agency can use only the legislative judicial, and executive powers that are delegated to it.

60
Q

State administrative agencies

A

Agencies created by legislative branches of states to administer state regulatory laws.

61
Q

Local administrative agencies

A

Administrative agencies of cities, municipalities, counties, and local government bodies that administer local regulatory laws.

62
Q

petitioner

A

A party who appeals the decision of an administrative agency.