blaw 220 civil procedure

Alternative Dispute Resolution (ADR)

methods of resolving disputes outside of court, including arbitration, mediation, and negotiation.

Answer

a defendant's response to a plaintiff's complaint in a lawsuit.

Arbitration

a process in which a neutral third party (arbitrator) hears both sides and makes a binding decision.

Arbitration Clause

a contract provision requiring disputes to be resolved through arbitration instead of litigation.

Award

the final decision issued by an arbitrator in an arbitration proceeding.

Bankruptcy Court

a specialized federal court handling bankruptcy cases.

Complaint

the initial pleading filed by a plaintiff stating the claims against the defendant.

Concurrent Jurisdiction

when both state and federal courts have authority to hear a case.

Counterclaim

a claim made by a defendant against the plaintiff in response to the original complaint.

Default Judgment

a ruling in favor of the plaintiff when the defendant fails to respond to the complaint.

Deposition

a sworn out-of-court testimony of a witness recorded for use in litigation.

Discovery

the pre-trial process where parties exchange evidence and information.

Diversity of Citizenship

a basis for federal jurisdiction when opposing parties are from different states and the amount in controversy exceeds $75,000.

Exclusive Jurisdiction

when only one court has the authority to hear a specific type of case.

Federal Question

a basis for federal jurisdiction when a case involves a U.S. constitutional issue, federal law, or treaty.

Interrogatories

written questions sent from one party to another that must be answered under oath.

Judicial Review

the power of courts to determine the constitutionality of laws and government actions.

Jurisdiction

a court's authority to hear and decide a case.

Litigation

the process of resolving disputes through the court system.

Long Arm Statute

a law allowing courts to exercise jurisdiction over out-of-state defendants based on their activities in the state.

Mediation

a non-binding ADR method where a neutral third party helps parties reach a voluntary settlement.

Motion for a Directed Verdict

a request for the judge to decide a case because no reasonable jury could rule otherwise.

Motion for a New Trial

a request for a new trial due to legal errors or newly discovered evidence.

Motion for Judgment N.O.V.

a request for the judge to override a jury's verdict if it was unreasonable.

Motion for Judgment on the Pleadings

a request for a court to decide a case based only on the written pleadings, without a trial.

Motion for Summary Judgment

a request for the court to rule in a party's favor without a trial based on undisputed facts.

Motion to Dismiss

a request to terminate a case due to legal deficiencies.

Negotiation

a process where parties discuss to reach a mutual agreement without involving a third party.

Pleadings

formal written documents stating claims and defenses in a lawsuit.

Service of Process

the formal delivery of legal documents notifying a defendant of a lawsuit.

Standing to Sue

a legal requirement that a party must have a direct stake in the outcome of a case.

Summons

a legal notice informing a defendant of a lawsuit and requiring a response.

Venue

the appropriate geographical location for a trial.

Voir Dire

the jury selection process where attorneys question potential jurors to assess bias.

Writ of Certiorari

an order from the U.S. Supreme Court to review a lower court's case