Dispute Resolution and Basic Civil Procedure

Adversarial System (Common Law System)

Adversarial System (Common Law System)

A legal system where an adjudicative process is used, law is applied by precedent, and the judge serves as a referee who applies principles of evidence. Parties must bring evidence to court.

Alternative Dispute Resolution

A method of resolving conflicts outside of the traditional court system, including arbitration (often by contract and binding on parties) and mediation (mandatory in North Carolina Superior Court, with a high success rate).

Landowner v. Landowner

A conflict between two private parties, where one claims damage from the actions of a similar neighbor, such as odor or noise nuisance or water damage.

Private Party v. Government

A conflict where a private individual or organization sues a government agency to force the agency to perform required duties or to stop the agency from exceeding their authority. The source of the right to sue is often a citizen suit provision of a statute or a suit provision in a procedural statute, and there may be limitations on the right to sue, such as meeting threshold issues and exhausting administrative remedies.

Government v. Private Party

A conflict where the government sues a private party who has refused to comply with agency enforcement jurisdiction. This is typically filed as a criminal case by a federal or state prosecutor.

Plaintiff (aka Petitioner)

The party who files a complaint, alleges a wrong against a specific party, and demands relief. The plaintiff must prove their case by a preponderance of the evidence.

Defendant (aka Respondent)

The party who is alleged to have infringed upon the rights of the plaintiff. The defendant must respond to the factual allegations in the complaint, either admitting or denying them, and may file counterclaims if they have also been injured.

Intervenor

A party who has an interest in the property or right at issue in the litigation and is bound by the outcome of the case.

Amicus Curiae (“Friend of the Court”)

A party who seeks to influence the court's decision but does not wish to become a party bound by the outcome. They file an amicus brief in appellate proceedings only.