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22 Cards in this Set
- Front
- Back
Alternative dispute resolution
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general name applied to the many nonjudicial means of settling private disputes
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Mediation
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a form of dispute resolution in which the disputing parties resolve their dispute with the help of a third party
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Arbitration
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alternative to settling disputes in court. Fast/cheap, no appeal
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Minitrial
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form of dispute resolution in which the disputants voluntarily hear a shortened verison of their cases presented by their lawyers
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Private judging
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hired judge renders a binding opinion after hearing the proofs and arguments of the parties
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Moot
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when events occurring after the foling of the lawsuit have made a decision beside the point
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Jurisdiction
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authority of a court to hear and determine disputes
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Personal jurisdiction
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does not exist unless the defendant has some close connection with the territory where the suit is brought
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Venue
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where within a jurisdiction a suit must be heard, rules are established by the states
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Conflict of laws
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rules for a court to follow in deciding which states law to apply
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Adversary systerm
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idea that truth is best discovered through the presentation of competing ideas
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Complaint
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legal process that usualy consists of formal allegation or charge against a party, made or presented to the appropriate court or officer
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Pleadings
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the complaint, answer, and reply, each of which is discussed below
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Summons
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a writ or process issued and served on a defendant in a civil action for the purpose of securing his appearance in the action
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Answer
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the pleading of a defendant in which he or she may deny any or all the facts set out in the plaintiffs declaration or complaint
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Allegation
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a declaration, a formal averment or statement of a party to an action in a declaration or pleading of what the party intends to prove
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Discovery
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parties gather the evidence they wil use at trial ro prove or disprove the allegations made in the pleadings, exchange of info between parties
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Reply
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answers paragraph by paragraph the affirmative denfense or counterclaim of the defendant
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Pretrial conference
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procedural device that is designed to narrow issues to be proved at trial or to facilitate a settlement
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Burden of proof
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the last word
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Hung jury
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jury cant come to a verdict, decision made by plaintiff whether to bring the case to trial again
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Material
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a fact is material if a reasonable person would consider it important in his decision to purchase shares or to vote shares
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