LES 305 Ch.4 Terms

Alternative Dispute Resolution (ADR)

Means other than litigation used to resolve disputes and claims; includes arbitration, mediation, and negotiated settlements.

Answer

Pleading filed by the defendant containing the defendant's version of the basis of the suit.

Binding Arbitration

Arbitration from which there is no judicial appeal.

Burden of Proof

The responsibility of the party for providing the facts needed to recover in a lawsuit.

Class action suits

Civil suits by a group of plaintiffs with the same claims.

Complaint

Pleading that outlines the plaintiff's allegations against the defendant and the remedies sought.

Counterclaim

Pleading in a lawsuit in which the defendant makes allegations against the plaintiff in response to the plaintiff's complaint.

Default

Judgment entered when the defendant fails to file an answer or other responsive pleading in a lawsuit.

Depositions

Form of discovery in which witnesses or parties can be questioned under oath in recorded testimony outside the courtroom.

Derivative suit

Lawsuit brought on behalf of another through the other's rights; for example, a shareholder suing to enforce a corporation's rights.

Discovery

Pretrial process to gather evidence for a case.

Equitable remedy

A remedy other than money damages, such as specific performance, injunction, and so on.

Injunctions

Equitable remedy in which the courts order or stop a particular activity.

International Chamber of Commerce (ICC)

Voluntary body with uniform rules on commerce and contracts.

Interrogatories

Method of discovery in which parties send written questions to each other, with responses that are given under oath.

Legal remedy

In common law, a legal remedy consisted of money damages only.

Mediation

ADR mechanism in which a third party helps the parties come to an agreement that settles a dispute.

Minitrial

ADR method in which the officers of two firms in a dispute listen to the key evidence in a case to see if a settlement can be determined.

Motion

A party's request to the court for action.

Peremptory Challenge

Right to strike jurors with or without cause (usually limited in number).

Pleadings

The complaint, answer, and counterclaim filed in a lawsuit.

Prima Facie Case

A case establishing all the necessary elements; without rebuttal evidence from the defendant, entitles the plaintiff to a verdict.

Process servers

Individuals licensed by a state to deliver summonses and subpoenas to individuals.

Rent-A-Judge

ADR method in which the parties hire a former judge and a private hearing room and the judge determine liability.

Request for Admissions

Discovery tool in which one side asks the other to admit certain facts in a case.

Request for Production

Discovery tool in which one side asks the other side to produce documents relevant to the case.

Specific performance

Equitable remedy in which party asks for performance of the contract as damages.

Statute of limitations

Statute controlling the time periods in which suits must be brought by plaintiffs.

Summary Jury Trial

An ADR method in which the parties present a summary of their evidence to a private jury and then agree to abide by their decision or settle, depending on what the jury concludes.

Summons

Court order issued to the defendant in a lawsuit that explains the requirement of filing an answer or other response and the time period in which it must be done.

Verdict

The outcome or decision in a trial.

Work product

An attorney's thoughts, research, and strategy in a case; nondiscoverable.