Litigation and Alternative Dispute Resolution

These flashcards cover key terms and concepts related to litigation and alternative dispute resolution as discussed in the lecture.

Plaintiff

The party that brings a civil lawsuit to recover monetary damages or stop a legal wrong.

Defendant

The party responding to a civil lawsuit or the party being charged with a crime in criminal court.

Pro se litigants

Parties who represent themselves in court without the assistance of an attorney.

Attorney-client privilege

Protects communications between an attorney and their client, with exceptions for indicated harm.

Grand Jury

A group of citizens convened to determine probable cause in serious criminal cases.

Petit Jury

A jury empaneled for specific trials to determine guilt/innocence or liability.

Standing

The requirement that a plaintiff must demonstrate actual stake in the litigation.

Jurisdiction

The power of a court to hear a type of case and render a binding decision.

Subject Matter Jurisdiction

Federal courts' authority over cases arising under federal laws or constitutions.

Diversity Jurisdiction

Applies when parties are from different states and the amount in controversy exceeds $75,000.

Personal Jurisdiction

The court's power over the parties involved, influenced by their connections to the jurisdiction.

Service of Process

The process of serving legal documents to provide notice to the defendant.

Venue

The geographical district in which a lawsuit may properly be heard.

Pleadings

Legal documents filed in a case that provide initial claims and responses.

Discovery

The fact-gathering process in litigation allowing parties to obtain evidence from each other.

Interrogatories

Written questions sent from one party to another in a lawsuit.

Depositions

Live Q&A sessions where lawyers can question witnesses under oath.

Motion for Default Judgment

Filed when a defendant fails to respond to a properly served complaint.

Summary Judgment

When a judge determines there are no material factual disputes requiring a trial.

Voir Dire

The process of jury selection where potential jurors are questioned.

Burden of Proof

The obligation to prove one's assertions; 'Preponderance of the evidence' in civil cases.

Negotiation

An ADR process where parties retain the power to resolve their dispute without an outside decision-maker.

Mediation

A process where a mediator assists parties to resolve their disputes through recommendations.

Arbitration

A binding ADR process where an arbitrator makes decisions enforceable by courts.