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47 Cards in this Set
- Front
- Back
Litigation |
The process of filing claims in court and ultimately going to trial. |
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Alternative dispute resolution |
Any formal or informal process used to settle disputes without trial. |
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What are some forms of Alternate Dispute Resolution (ADR)? |
Negotiation, Mediation, and Arbitration |
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Trial Courts |
Determine the facts of a particular dispute and apply to those facts the law given by earlier appellate court decisions. |
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Jurisdiction |
A court's power to hear a case. |
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Limited / General Jurisdiction |
The courts that may only hear certain types of cases have limited jurisdiction. The courts that may hear a broad range of cases have general jurisdiction. |
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Appeals courts |
Generally accept the facts given to them by trial courts and review the trial record to see if the court made errors of law. |
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Error of law |
A finding by an appellate court that a law was misapplied or misinterpreted. |
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Appellant |
The party filing the appeal |
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Appellee |
The party opposing the appeal |
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Briefs |
Written arguments on the case. |
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Reversed |
Nullified |
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Affirmed |
Permitted to stand. |
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Federal question |
A case in which the claim is based on the United States Constitution, a federal statute, or a federal treaty. |
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Diversity Jurisdiction |
(1) The plaintiff defendant are citizens of different states and (2) The amount in dispute exceeds $75,000. |
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Writ of Centiorari |
A petition asking the Supreme Court to hear a case. |
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Pleadings |
The documents that begin a lawsuit, consisting of the complaint, the answer, and sometimes a reply. |
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Complaint |
A short, plain statement of the facts alleged and the legal claims made. |
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Default judgement |
A decision that the plaintiff wins without a trial because the defendant failed to answer in time. |
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Counter-claim |
A second lawsuit by the defendant against the plaintiff. |
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Reply |
An answer to a counter-claim. |
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Class action |
One plaintiff represents the entire group of plaintiffs, including those who are unaware of the lawsuit or even unaware they were harmed. |
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Motion |
A formal request to the court to take some step or issue an order. |
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Discovery |
The pre-trial opportunity for both parties to learn the strengths and weaknesses of the opponent's case. |
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Interrogatories |
Written questions that the opposing party must answer, in writing, under oath. |
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Deponent |
The person being questioned in a deposition. |
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Deposition |
A question and answer session while the plaintiff and defendants are both under oath providing a chance for one party's lawyer to question the other party, or a potential witness. The purpose is so that no surprises arise while in trial for either parties. |
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Production of Documents and Things |
Each side may ask the other side to produce relevant documents for inspection and copying; to produce physical objects, or for permission to enter on land to make an inspection. |
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Physical and Mental Examination |
A party may ask the court to order an examination of the other party, if his physical or mental condition is relevant. |
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Motion for a protective order |
A request that the court limit discovery. |
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Motion to compel answers to interrogatories |
A formal request that the court order the deponent to supply more commplete answers. |
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Summary Judgement |
A ruling by the court that no trial is necessary because some essential facts are not in dispute. |
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Voir Dire |
The process of selecting a jury. |
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Challenges for cause |
A claim that a junior has demonstrated probable bias. |
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Peremptory challenges |
The right to excuse a juror for virtually any reason. It must convince the jury that its version of the facts is at least slightly more likely than the defendant's version. |
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Preponderance of the evidence
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The plaintiff's burden of proof in a civil lawsuit. |
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Beyond a reasonable doubt |
The government's burden of proof in a criminal prosecution. The burden of proof for a criminal case is much tougher. |
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Direct examination |
When a lawyer asks questions of her own witness |
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Cross-examine |
To ask questions of an opposing witness. |
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Directed verdict |
A ruling that the plaintiff has entirely failed to meet his burden of proof. |
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Judgment non obstante veredicto |
A judgement notwithstanding the jury's verdict. |
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Precedent |
Earlier decisions by the state appellate courts on similar issues. |
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Modify |
To affirm the outcome but with changes. |
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Reverse and Remand |
To nullify the lower decision and return the case for reconsideration or retrial. |
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Harmless Error |
A mistake by the trial judge that was too minor to affect the outcome. |
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Court systems |
There are many systems of courts, one federal and one in each state. A federal court will hear a case only if it involves a federal question or diversity jurisdiction. |
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Trial and Appellate Courts |
Trial courts determine facts and apply the law to the facts; appeals court generally accept the facts found by the trial court and review the trial record for errors of law. |