Chapter 2: Court Systems & Dispute Resolution

Plaintiff

The person or party who initiates a lawsuit by filing a complaint in court, seeking a legal remedy for a perceived wrong.

Defendant

The individual or entity accused in a legal proceeding, who is required to respond to the plaintiff's claims in court.

Courts

Judicial bodies that resolve disputes by interpreting and applying the law.

Opening Statements

The initial presentations made by each party in a trial, outlining their case and what they intend to prove.

Voir Dire

The process of questioning potential jurors to determine their suitability for serving on a jury, ensuring an impartial jury selection.

Preemptive Challenge

A defendant's or attorney's right to reject a juror (usually 3-4 depending on the state) without needing to provide a reason, as part of the jury selection process.

Summons & Complaint

A legal document issued by a court to notify a defendant of a lawsuit and requires them to respond to the allegations within a specified time frame.

Answer

A formal written response by a defendant to the allegations in a complaint, addressing each claim and presenting defenses or counterclaims.

Counterclaim or Cross-complaint

A claim made by a defendant in response to a plaintiff's lawsuit, asserting their own cause of action against the plaintiff.

Discovery - Deposition & Interrogatories

A pre-trial process where parties obtain evidence from each other through sworn testimony (deposition) and written questions (interrogatories) to clarify facts and gather information for trial.

Motion for Summary Judgement

A legal request for a court to rule in favor of one party based on the evidence provided, arguing that no genuine dispute exists for trial.

Judgement Notwithstanding the Verdict

A court ruling that overturns the jury's verdict, usually based on insufficient evidence to support the decision, allowing the judge to enter a different judgment.

Judgement N.O.V.

A request for the court to overturn a jury's verdict on the grounds that no reasonable jury could have reached that conclusion based on the evidence presented.

Garnishment

A legal process through which a creditor can collect a debt by obtaining a court order to withhold a portion of a debtor's earnings or bank account. This mechanism allows creditors to directly take payments from an employee's wages or a bank account to satisfy a debt.

Mediation

A method of alternative dispute resolution where a neutral third party helps the disputing parties reach a mutually acceptable agreement. Mediation is often less formal than litigation and can lead to a quicker resolution.

Arbitration

A form of alternative dispute resolution where a neutral third party makes a binding decision to resolve a disagreement.

Mock Trial/Summary Jury Trial

A simulated court trial where students or participants practice presenting cases, or a simplified jury trial that leads to a non-binding verdict.

Moot

Court competition where participants argue cases for practice.