Business Law- Chapter 4

Front 1

Litigation

Back 1

The process of bringing maintaining and defending a lawsuit

Front 2

Pleadings

Back 2

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

Front 3

Plaintiff

Back 3

The party who files a complaint

Front 4

Complaint

Back 4

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

Front 5

Summons

Back 5

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

Front 6

Defendant

Back 6

The party who files an answer

Front 7

Answer

Back 7

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

Front 8

Cross complaint

Back 8

He documents filed by the defendant against the plaintiff to seek damages or some other remedy

Front 9

Reply

Back 9

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

Front 10

Intervention

Back 10

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

Front 11

Consolidation

Back 11

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

Front 12

Class action

Back 12

He lawsuit where a group of plaintiff's with coming claims collectively bring a lawsuit against the defendant

Front 13

Statute of limitations

Back 13

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

Front 14

Discovery

Back 14

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

Front 15

Deposition

Back 15

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

Front 16

Deponent

Back 16

A party who gives his or her deposition

Front 17

Interrogatories

Back 17

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

Front 18

Production of documents

Back 18

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

Front 19

Physical or mental examination

Back 19

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

Front 20

Pretrial motion

Back 20

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

Front 21

Motion for judgment on the pleadings

Back 21

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

Front 22

Motion for summary judgment

Back 22

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

Front 23

Settlement conference pre-trial hearing

Back 23

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

Front 24

Trier of fact

Back 24

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

Front 25

Voir dire

Back 25

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

Front 26

Jury instructions charges

Back 26

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

Front 27

Judgement

Back 27

The official decision of the court

Front 28

Electronic court e court

Back 28

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

Front 29

Electronic filing e-filing

Back 29

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

Front 30

Appeal

Back 30

The act of asking an appellate court to overturn the decision after the trial court's final judgment has been entered

Front 31

Appellant, petitioner

Back 31

The appealing party in an appeal

Front 32

Appellee, respondent

Back 32

The responding party in an appeal

Front 33

Alternative dispute resolution ADR

Back 33

Methods of resolving disputes other than litigation

Front 34

Negotiation

Back 34

A procedure where by the parties to a dispute engage in discussions bargaining to try to reach a voluntary settlement of their dispute

Front 35

Arbitration

Back 35

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

Front 36

Arbitration clause

Back 36

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

Front 37

Federal Arbitration Act FAA

Back 37

A federal statute that provides for the enforcement of most arbitration agreement

Front 38

Mediation

Back 38

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

Front 39

Electronic dispute resolution, e dispute resolution

Back 39

The use of online alternative dispute resolution services to solve a dispute

Front 40

Electronic arbitration, e arbitration

Back 40

The arbitration of a dispute using online arbitration services

Front 41

Electronic mediation, e mediation

Back 41

The mediation of a dispute using online mediation services