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Flashcards in Chapter 3 Deck (33):
1

Litigation

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

2

Pleadings

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

3

Plaintiff

The party who files a complaint.

4

Complaint

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

5

Summons

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

6

Answer

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

7

Cross-complaint

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

8

Reply

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

9

Intervention

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

10

Consolidation

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

11

Statute of limitations

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

12

Discovery

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.

13

Deposition

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

14

Deponent

A party who gives his or her deposition.

15

Interrogatories

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

16

Production of documents

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

17

Physical or mental examination

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

18

Pretrial motion

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

19

Motion for judgment on the pleadings

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

20

Motion for summary judgment

A motion which 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.

21

Settlement conference

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

22

Trier of fact

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

23

Voir dire

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

24

Jury instructions

Instructions given by the judge to the jury that inform them of the law to be applied in the case.

25

Appeal

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

26

Appellant

The appealing party in an appeal. Also knows as the petitioner.

27

Appellee

The responding party in an appeal. Also known as the respondent.

28

Alternative dispute resolution (ADR)

Methods of resolving disputes other than litigation.

29

Arbitration

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

30

Arbitration clause

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

31

Federal Arbitration Act (FAA)

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

32

Mediation

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

33

Conciliation

A form of ADR in which the parties use a third party to help them resolve their dispute.