Legal Terms Ch 3: Civil Dispute Resolution

Appeal

Resort to a superior (appellate) court to review the decision of an inferior (trial) court or administrative agency

District Courts

General trial courts in the federal system

Court of Appeals

Primarily hears appeals from the district courts located within its circuit

Reverse

An appellate court uses the term “reversed” to indicate that it annuls or avoids the judgment, or vacates the decree, of the trial court

Modify

Change the lower court’s judgment

Remand

To send back. The sending by the appellate court of a cause back to the same court out of which it came, for the purpose of having some further action taken on it there

Affirm

Uphold the lower court’s judgment

Appeal by Right

Mandatory review by a higher court

Writ of Certiorari

Discretionary review by a higher court

Small Claims Courts

Inferior civil courts with jurisdiction limited by dollar amount

Appellant

A party who takes an appeal from one court to another. He may be either the plaintiff or defendant in the original court proceeding

Jurisdiction

The right and power of a court to adjudicate (make a formal judgment or decision about a problem or disputed matter) concerning the subject matter in a given case

Subject Matter Jurisdiction

Authority of a court to decide a particular kind of case

Federal Question

Any case arising under the Constitution, statutes, or treaties of the United States

Venue

“Jurisdiction” of the court means the inherent power to decide a case, whereas “venue” designates the particular county or city in which a court with jurisdiction may hear and determine the case

Litigation

The process of resolving disputes by filing or answering a complaint through the public court system

Pleading

Formal allegations by the parties of their respective claims and defenses

Complaint

The pleading which sets forth a claim for relief

Summons

Writ or process directed to the sheriff or other proper officer, requiring him to notify the person named that an action has been commenced against him in the court from which the process has issued and that he is required to appear, on a day named, and answer the complaint in such action

Default Judgment

Judgment against a defendant who fails to respond to a complaint

Demurrer

An allegation of a defendant that even if the facts as stated in the pleading to which objection is taken to be true, their legal consequences are not such as to require the demurring party to answer them or to proceed further with the cause; A motion to dismiss for failure to state a claim

Answer

The formal written statement made by a defendant setting forth the ground of his defense

Reply

Plaintiff’s pleading in response to the defendant’s answer

Judgment on the Pleadings

Final binding determination on the merits made by the judge after the pleadings

Discovery

The pretrial devices that can be used by one party to obtain facts and information about the case from the other party in order to assist the party’s preparation for trial; In preparation for trial and even before completion of the pleadings stage, each party has the right to obtain relevant evidence, or information that may lead to evidence, from the other party

Summary Judgment

Rule of Civil Procedure 56 permits any party to a civil action to move for a summary judgment on a claim, counterclaim, or cross-claim when he believes that there is no genuine issue of material fact and that he is entitled to prevail as a matter of law; A final binding determination on the merits made by the judge before a trial

Directed Verdict

In a case in which the party with the burden of proof has failed to present a prima facie case for jury consideration, the trial judge may order the entry of a verdict without allowing the jury to consider it because, as a matter of law, there can be only one such verdict; A final binding determination on the merits made by the judge after a trial has begun but before the jury renders a verdict

Verdict

The formal and unanimous decision or finding of a jury, impaneled and sworn for the trial of a cause, upon the matters or questions duty submitted to it upon the trial

Judgment Notwithstanding the Verdict

A final binding determination on the merits made by the judge after and contrary to the jury’s verdict

Appeal

Resort to a superior (appellate) court to review the decision of an inferior (trial) court or administrative agency

Arbitration

The reference of a dispute to an impartial (third) person chosen by the parties, who agree in advance to abide by the arbitrator’s award issued after a hearing at which both parties have an opportunity to be heard

Award

The decision of an arbitrator

Conciliation

Nonbinding process in which a third party acts as an intermediary between disputing parties

Mediation

Nonbinding process in which a third party acts as an intermediary between the disputing parties and proposes solutions for them to consider

Negotiation

Transferee becomes a holder; A consensual bargaining process in which the parties attempt to reach an agreement resolving their dispute