Chapter 4: Courts and Alternative Dispute Resolution

Judicial Review

The process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch.

Long Arm Statute

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

Jurisdiction

The authority of a court to hear and decide a specific case.

Bankruptcy Courts

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

Federal Question

A question that pertains to the U.S. Constitution, an act of Congress, or a treaty and provides a basis for federal jurisdiction in a case.

Probate Courts

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

Concurrent Jurisdiction

Jurisdiction that exists when two different courts have the power to hear a case.

Diversity of Citizenship

A basis for federal court jurisdiction over a lawsuit between citizens of different states or a lawsuit involving a U.S. citizen and a citizen of a different country.

Standing to Sue

The legal requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit.

Small Claims Courts

A special court in which parties can litigate small claims without an attorney.

Exclusive Jurisdiction

Jurisdiction that exists when a case can be heard only in a particular court or type of court.

Justiciable Controversy

A controversy that is not hypothetical or academic but real and substantial. It is a requirement that must be satisfied before a court will hear a case.

Venue

The geographic district in which a legal action is tried and from which the jury is selected.

Question of Fact

In a lawsuit, an issue that involves only disputed facts, and not what the law is on a given point.

Rule of Four

A rule of the United States Supreme Court under which the Court will not issue a writ of certiorari unless at least four justices approve of the decision to issue the writ.

Writ of Certiorari

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

Complaint

The pleading made by a plaintiff alleging wrongdoing on the part of the defendant. When filed with a court, the complaint initiates a lawsuit.

Question of Law

In a lawsuit, an issue involving the application or interpretation of a law.

Pleadings

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

Litigation

The process of resolving a dispute through the court system.

Service of Process

The delivery of the complaint and summons to a defendant.

Summons

A document informing a defendant that a legal action has been commenced against her or him and that the defendant must appear in court on a certain date to answer the plaintiff’s complaint.

Default Judgement

A judgment entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff’s claim.

Answer

Procedurally, a defendant’s response to the plaintiff’s complaint.

Counterclaim

A claim made by a defendant in a civil lawsuit against the plaintiff. In effect, the defendant is suing the plaintiff.

Motion for Judgement on the Pleadings

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

DIscovery

A method by which the opposing parties obtain information from each other to prepare for trial.

Reply

Procedurally, a plaintiff’s response to a defendant’s answer.

Motion to Dismiss

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

Motion for Summary Judgement

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

Deposition

The testimony of a party to a lawsuit or a witness taken under oath before a trial.

Interrogatories

A series of written questions for which written answers are prepared by a party to a lawsuit, usually with the assistance of the party’s attorney, and then signed under oath.

Award

The monetary compensation given to a party at the end of a trial or other proceeding.

Metadata

Data that are automatically recorded by electronic devices and provide information about who created a file and when, and who accessed, modified, or transmitted the file. It can be described as data about data.

Voir Dire

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

Motion for a Directed Verdict

A motion for the judge to take the decision out of the hands of the jury and to direct a verdict for the party making the motion on the ground that the other party has not produced sufficient evidence to support her or his claim.

E-Evidence

A type of evidence that consists of computer-generated or electronically recorded information.

Motion for Judgement N.O.V.

A motion requesting the court to grant judgment in favor of the party making the motion on the ground that the jury’s verdict against him or her was unreasonable and erroneous.

Motion for a New Trial

A motion asserting that the trial was so fundamentally flawed (because of error, newly discovered evidence, prejudice, or another reason) that a new trial is necessary to prevent a miscarriage of justice.

Breif

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

Alternative Dispute Resolution (ADR)

The resolution of disputes in ways other than those involved in the traditional judicial process, such as negotiation, mediation, and arbitration.

Negotiation

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

Mediation

A method of settling disputes outside the courts by using the services of a neutral third party, who acts as a communicating agent between the parties and assists them in negotiating a settlement.

Arbitration

The settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a decision.

Docket

The list of cases entered on a court’s calendar and thus scheduled to be heard by the court.

Arbitration Clause

A clause in a contract that provides that, in the event of a dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court.

Summary Jury Trials (SJTs)

A 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.

Bankruptcy Court

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

Probate Court

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

Online Dispute Resolution (ODR)

The resolution of disputes with the assistance of organizations that offer dispute-resolution services via the Internet.