Chapter 2

Question 1

Alternative dispute resolution (ADR)

Answer 1

Resolution of disputes in ways others than those involved in the traditional judicial process: negotiation, mediation, and arbitration

Question 2

Answer

Answer 2

A defendant’s response to the plantiff’s complaint

Question 3

Arbitration

Answer 3

Settling of a dispute by submitting it to a disinterested third party who renders a decision

Question 4

Arbitration clause

Answer 4

Clause in a contract that provides that in the event of a dispute the parties will submit the dispute to arbitration instead of court

Question 5

Award

Answer 5

Monetary compensation given to a party at the end of a trial or other proceeding

Question 6

Bankruptcy court

Answer 6

Federal court of limited jurisdiction that handles only bankruptcy proceedings, which are governed by federal bankruptcy law

Question 7

Brief

Answer 7

Written summary or statement prepared by one side in a lawsuit to explain its case to the judge

Question 8

Complaint

Answer 8

Pleading made by a plantiff alleging wrongdoing on the part of the defendent

Question 9

Concurrent jurisdiction

Answer 9

Exists when 2 different courts have the power to hear a case

Question 10

Counterclaim

Answer 10

Made by a defendant in a civil lawsuit against the plaintiff

Question 11

Default judgment

Answer 11

Entered by a court against a defendant who has failed to appear in court to answer or defend against the plantiff’s claim

Question 12

Deposition

Answer 12

Testimony of a party to a lawsuit or a witness taken under oath before a trial

Question 13

Discovery

Answer 13

Method by which the opposing parties obtain info from each other to prepare for trial

Question 14

Diversity of citizenship

Answer 14

Basis for federal court jurisdiction over a lawsuit between citizens of different states or between a US citizen and a citizen of a different country

Question 15

Docket

Answer 15

List of cases entered on a court’s calendar

Question 16

E-evidence

Answer 16

Type of evidence that consists of computer-generated or electronically recorded info

Question 17

Exclusive jurisdiction

Answer 17

Exists when a case can be heard only in a particular court or type of court

Question 18

Federal question

Answer 18

Question that pertains to the US Constitution, an act of Congress, or a treaty and provides a basis for federal jurisdiction in a case

Question 19

Interrogatories

Answer 19

Series of written questions for which written answers are prepared by a party to a lawsuit and then signed under oath

Question 20

Judicial review

Answer 20

Process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch

Question 21

Justiciable controversy

Answer 21

Is not hypothetical or academic but real and substantial; is a requirement that must be sastified before a court will hear a case

Question 22

Litigation

Answer 22

Process of resolving a dispute though trhe court system

Question 23

Long arm statute

Answer 23

A state statute that permits a state to exercise jurisdiction over nonresident defendants

Question 24

Mediation

Answer 24

Method of settling disputes outside the courts by using the services of a neutral third party and assists them in negotiating a settlement

Question 25

Metadata

Answer 25

Data that are automatically recorded by electronic devices and provide info about who created a file and when and who accessed modified or transmitted the file

Question 26

Motion for a directed verdict

Answer 26

For judge to take the decision out the hands of the jury and to direct a verdict cor the party making the motion on the ground that the other party has not produced sufficient evidence to support a claim

Question 27

Motion for a new trial

Answer 27

Asserting that the trial was so fundamentally flawed that a new trial is necessary to prevent a miscarriage of justice

Question 28

Motion for judgment n.o.v.

Answer 28

Motion requesting the court to grant judgment in favor of the party making the motion on the ground that the jury’s verdict was unreasonable and erroneous

Question 29

Motion for judgment on the pleadings

Answer 29

Motion by either party to a lawsuit at the close of the pleadings requesting the court to decide the issues solely on the pleadings without proceeding to trial. The motion will be granted only if no facts are in dispute

Question 30

Motion for summary judgment

Answer 30

Motion requesting the court to enter a judgment without proceeding to trial; can be based on evidence outside the pleadings and will be granted only if no facts are in dispute

Question 31

Motion to dismiss

Answer 31

A pleading in which a defendant admits the facts are alleged by the plaintiff but asserts that the plaintiff’s claim to state a cause of action has no basis in law

Question 32

Negotiation

Answer 32

Process in which parties attempt to settle their dispute informally, with or without attorneys to represent them

Question 33

Online dispute resolution (ODR)

Answer 33

Resolution of disputes with the assistance of organizations that offer dispute-resolution seevices via the Internet

Question 34

Pleadings

Answer 34

Statements by the plaintiff and the defendant that detail the facts, charges, and defenses of a case

Question 35

Probate court

Answer 35

A state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person’s estate

Question 36

Question of fact

Answer 36

An issue that involves only disputes facts and not what the law is on a given point

Question 37

Question of law

Answer 37

An issue involving the application or interpretation of a law

Question 38

Reply

Answer 38

A plaintiff’s response to a defendant’s answer

Question 39

Rule of four

Answer 39

A rule of the US Supreme Court under which the Court will not issue a writ of certiorari unless at least 4 justices approve of the decision to issue the writ

Question 40

Services of process

Answer 40

Delivery of the complaint and summons to a defendant

Question 41

Small claims court

Answer 41

Special court in which parties can litigate small claims without an attorney

Question 42

Standing to sue

Answer 42

The legal requirement that an individual must have a sufficient stake in a controversy in order to bring a lawsuit

Question 43

Summary jury trial (SJT)

Answer 43

Method of settling disputes by holding a trial in which the jury’s verdict is not binding but instead guides the parties toward reaching an agreement during the mandatory negotiations that immediately follow

Question 44

Summons

Answer 44

Document informing a defendant that a legal action has been commenced against them and that they must appear in court on a certain date to answer the plaintiff’s complaint

Question 45

Venue

Answer 45

Geographic district in which a legal action is tried and from which the jury is selected

Question 46

Voir dire

Answer 46

Part of jury selection process in which the attorneys question prospective jurors about their backgrounds, attitudes, and biases to ascertain whether they can be impartial jurors

Question 47

Writ of certiorari

Answer 47

A writ from a higher court asking a lower court for a record of a case