Chapter 1 Civil Litigation 8th Edition Kerley Definitions

Alternative Dispute Resolution (ADR)

Ways to resolve a civil dispute without resort to a legal action

Answer

The initial pleading filed by the defendant in a lawsuit, contesting the factual and/or legal basis for the lawsuit.

Arbitration

An out-of-court process in which disputing parties present their case to a neutral third person who listens to evidence from each disputing party and makes a decision; the decision is sometimes binding sometimes not.

Arbitrator

The neutral third party who presides over the arbitration process and makes a decision.

Civil Law

Laws dealing with private disputes

Civil Litigation

The process of resolving private disputes through the court system.

Civil Procedure

The rules that apply in a civil case and determine how a civil case proceeds through the legal system; in federal courts many of the rules are found in the Federal Rules of Civil Procedure and the Federal Rules of Appellate Procedure.

Cloud Computing

Electronic file storage where files are stored on the internet rather than an office computer.

Complaint

Usually the first document filed in court in connection with a lawsuit; this sets forth the allegations or contentions of the plaintiff and states the basis for the action and the type of relief requested from the court.

Criminal Laws

Laws that prohibit conduct that society deems harmful and provide for punishment in the form of jail, fines, or probation.

Criminal Procedures

The rules that apply in a criminal case and determine how a criminal case proceeds through the legal system; these are based on federal and state constitutions, codes, rules of court, and cases.

Default

Failure to file an answer or other responsive pleading within the proper time; can eventually lead to a default in judgment.

Defendant

The party who is sued in either a civil or criminal case.

Discovery

The procedure that the parties to a lawsuit follow in order to uncover the facts that are involved in the suit. The system involves an exchange of information among the parties using certain established discovery techniques including depositions, interrogatories, requests for real evidence, requests for physical and mental examinations, and requests for admission.

Form Book

Book containing sample forms for legal professionals to follow in preparing pleadings and other documents.

Judgment

In a civil court action, the final decision from the trial court.

Local Rules of Court

Rules that are adopted by individual courts and apply only in those courts.

Mediation

A nonbinding process in which a neutral third party helps disputing parties reach a settlement.

Mediator

The neutral third person who facilitates the mediation process.

Motions

A request that a judge make a ruling or take some other action, most often in connection with a pending lawsuit.

Negotiation

Discussion between opposing parties in an attempt to settle a case; usually involving compromise by both sides.

Petition

An initial document filed with the court asking the court for some order. Sometimes petitions are filed in conjunction with a complaint (e.g., asking the court to appoint a guardian for a party who cannot file a lawsuit); sometimes petitions are filed in lieu of a complaint (e.g., in certain jurisdictions petitions and not complaints are used in divorce cases).

Plaintiff

The party who initiates a civil or criminal lawsuit in court.

Primary Sources

Print of electronic publications that contain the actual law (i.e., case reporters, codes, and constitutions).

Procedural Laws

Laws that set forth legal procedures or methods used by parties to enforce their rights or to oppose claims made against them.

Secondary Sources

Print or electronic publications about the law, such as articles, treatises, and encyclopedias; these are not binding on a court.

Settlement

An agreement that resolves a dispute without the necessity of a court action.

Substantive Laws

Laws that determine parties' rights and obligations as opposed to the procedures used to enforce those rights.

Trial

A court proceeding in which parties to a lawsuit present their evidence to a judge or jury and the judge or jury makes a decision in favor of one party.

Writ of Execution

A court order authorizing the seizure and sale of a person's property to satisfy a judgment against that party.