Resolving Disputes: Litigation and Alternative Dispute Resolution

Vocabulary flashcards covering key civil litigation terminology, procedural stages, motions, and alternative dispute resolution (ADR) concepts from Chapter 4.

Civil Litigation

Dispute resolution processes of civil (noncriminal) cases in public courts of law.

Class Action Lawsuit

A lawsuit in which a group of people with the same or similar injuries sue for damages that were caused by the same defendant.

Mass Tort Action

A type of class action lawsuit involving a massive accident where many people are injured.

Class Action Fairness Act (CAFA)

A 2005 federal statute providing federal courts with authority to scrutinize class action settlements, change rules for evaluating settlements, reduce excessive attorney fees, and oversee coupon settlements.

Coupon Settlement

A class action settlement (also called script, voucher, or nonpecuniary settlement) where class members are awarded a coupon for use with future purchases of a product.

Standing

The requirement that a plaintiff must demonstrate an injury in fact, direct, concrete, and individualized harm, and an available legal remedy to bring a civil lawsuit.

Statute of Limitations

The statutory time limit within which a lawsuit must be filed, or the lawsuit will be barred forever.

Plaintiff

The party who initiates a lawsuit by filing a complaint in a court of law against one or more defendants, demanding some legal remedy from the court.

Defendant

The party sued in a civil lawsuit or the party charged with a crime in a criminal prosecution.

Complaint

A pleading that sets out the plaintiff's version of the facts of the case, the damages that have been suffered, and why the plaintiff believes the defendant is legally responsible.

Summons

A formal, written notification served to the defendant informing her that she has been named in a lawsuit and must file an answer within a certain period of time.

Answer

A pleading in which the defendant responds to each paragraph of the plaintiff's complaint.

Counterclaim

A pleading in which the defendant's allegations and theory of liability against the plaintiff are set out.

Cross-Claim

A pleading filed when the defendant believes a third party is either partially or fully liable for the plaintiff's damages and should be brought into the case as an indispensable party.

Motion

A legal document filed by one party requesting the court to take some action pertaining to the litigation.

Motion to Dismiss

A pretrial motion requesting the court to dismiss a case because of a procedural defect, such as lack of jurisdiction or failure to state a valid claim.

Motion for Summary Judgment

A pretrial motion requesting judgment in the requesting party's favor without a trial because no issues of fact are presented in the case.

Motion to Compel Discovery

A pretrial motion requesting a court order demanding that a party must comply with a discovery request.

Motion to Dismiss for Mistrial

A trial motion requesting to stop the trial in progress and dismiss it because of an extraordinary circumstance resulting in prejudice against one side.

Motion for a Directed Verdict

A trial motion requesting to stop the trial and dismiss it because the opposing party failed to sustain its burden of proof.

Motion for Judgment as a Matter of Law

A posttrial motion (also called judgment non obstante veredicto) requesting to reverse the jury verdict because no reasonable jury could have heard the evidence and rendered such a verdict.

Discovery

The legal process for the orderly exchange of evidence between parties.

Inculpatory Evidence

Evidence that tends to prove a criminal offense or civil wrong.

Exculpatory Evidence

Evidence that tends to prove innocence or nonliability.

Deposition

Oral questions asked under oath of either party or a witness in the case, recorded by a court reporter with no judge present.

Subpoena

A court order compelling a person to testify or produce evidence in her possession.

Subpoena Duces Tecum

A court order issued to compel a witness to bring physical or documentary evidence to a deposition.

Interrogatories

Written questions submitted to the opposing party in litigation that must be answered in writing.

Request for Admissions

A discovery method used to determine which facts are in dispute and which facts both parties accept as true.

Request for Production

A discovery request covering all documents, memorandums, reports, notes, emails, and electronic records relevant to the case.

Pretrial Conference

A meeting held between attorneys and the judge to encourage settlement, resolve outstanding motions, and address procedural issues before trial.

Bench Trial

A trial in which the judge acts as both the finder of law and the finder of fact.

Voir Dire

The questioning process used during jury selection to reveal potential prejudices that may affect a juror's judgment of the facts.

Direct Examination

The questioning of a witness by the attorney on the list of the party that called them.

Cross-Examination

The questioning of an opposing party's witness, strictly limited to issues that were brought out during direct examination.

Preponderance of the Evidence

The standard of proof used in civil cases whereby the jury favors the party whose evidence is of greater weight and more convincing than the opposing evidence.

Closing Argument

The final summation by attorneys to convince the jury that their version of the case is more compelling.

Hung Jury

An outcome where the jury cannot agree on a verdict, resulting in a new trial with a new jury.

Judgment Creditor

A holder of a judgment who has the legal right to pursue the defendant's assets to satisfy the debt owed.

Alternative Dispute Resolution (ADR)

Nonjudicial methods by which disputes involving individuals or businesses are resolved outside of court through the assistance of third parties.

Arbitration

A formal ADR method where an individual arbitrator or panel conducts a hearing between the parties and renders a binding or nonbinding decision.

Federal Arbitration Act (FAA)

A statute requiring state and federal courts to enforce arbitration awards and specifying four grounds upon which courts may set aside an award.

Mediation

An informal ADR process where a neutral third party facilitates discussion between disputing parties to work toward a mutually satisfactory resolution without rendering a final decision.

Expert Evaluation

An ADR process (neutral fact-finding) in which an independent expert reviews evidence, interviews witnesses, and recommends a settlement amount or opinion.

Med-Arb

A hybrid form of ADR in which parties first submit to mediation for a set period and move to binding arbitration if mediation fails.

Summary Jury Trial

An abbreviated nonbinding trial conducted before a jury and judge primarily in federal courts to issue an advisory opinion in complex cases.

Mini-Trial

A condensed version of a business dispute presented to top management from both sides and a neutral party to facilitate settlement negotiations.