Dispute Resolution

This flashcard set covers key concepts and terminology related to dispute resolution, including various court systems, trial processes, and dispute resolution methods.

Dispute Prevention

The process of anticipating and preventing disputes from arising through careful planning.

Litigation

The process of filing claims in court and ultimately going to trial.

Alternative Dispute Resolution (ADR)

Any other formal or informal process used to settle disputes without resorting to trial.

Subject Matter Jurisdiction

A court's authority to hear a particular type of case.

Personal Jurisdiction

The legal authority of a court to require the defendant to stand trial and pay judgments.

In-State Residence

For individuals, the defendant is a resident of the state where the lawsuit is filed.

Long-Arm Statute

A law that allows for personal jurisdiction over an out-of-state defendant based on certain minimum contacts with the state.

Appellate Courts

Higher courts that review the trial record for errors of law.

Diversity Cases

Cases where the plaintiff and defendant are citizens of different states and the amount in dispute exceeds $75,000.

Pleadings

Documents that begin a lawsuit, including the complaint, the answer, and sometimes a reply.

Counter-Claim

A second lawsuit filed by the defendant against the plaintiff.

Class Action

A lawsuit where one plaintiff represents a group of plaintiffs.

Motion to Dismiss

A request to terminate a case because the law does not offer a legal remedy.

Discovery

The pre-trial opportunity for both parties to learn about the strengths and weaknesses of the opponent's case.

Summary Judgment

A ruling by the court that no trial is necessary because essential facts are not in dispute.

Burden of Proof

The obligation to prove one's case in court.

Voir Dire

The process of selecting a jury.

Motions After the Verdict

Requests for a judgment notwithstanding the verdict, or for a new trial.

Negotiation

A process where parties attempt to resolve a dispute either personally or through lawyers.

Mediation

A process where a neutral person attempts to coax disputing parties toward a voluntary settlement.

Arbitration

A process where parties bring in a neutral third party to impose an award.

Harmless Error

A minor mistake by the trial judge that does not affect the outcome of the case.