business law CH 4 TERMS

Alternative dispute resolution (ADR)

Methods of resolving disputes without going to court, such as negotiation, mediation, and arbitration.

Answer

A defendant's formal written response to a plaintiff's complaint.

Arbitration

A process in which a neutral third party hears a dispute and issues a decision, which may be binding.

Arbitration clause

A contract provision requiring disputes to be resolved through arbitration instead of court.

Award

The final decision issued by an arbitrator.

Bankruptcy court

A federal court that handles bankruptcy cases.

Brief

A written summary of facts and legal arguments submitted to a court.

Complaint

The document filed by a plaintiff that starts a lawsuit and states the claims.

Concurrent jurisdiction

When more than one court has the authority to hear a case.

Counterclaim

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

Default judgment

A judgment entered against a defendant who fails to respond to a lawsuit.

Deposition

Sworn testimony of a witness taken before trial and recorded for later use.

Discovery

The pretrial process where parties obtain evidence from each other.

Diversity of citizenship

A basis for federal jurisdiction when the parties are from different states and the amount in controversy exceeds the required minimum.

Docket

The official schedule or list of cases before a court.

E-evidence

Digital or electronic evidence such as emails, texts, or files.

Exclusive jurisdiction

When only one court has the authority to hear a case.

Federal question

A case involving the U.S. Constitution, federal laws, or treaties.

Interrogatories

Written questions that must be answered in writing under oath during discovery.

Judicial review

The power of courts to review laws or government actions for constitutionality.

Jurisdiction

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

Justiciable controversy

A real and substantial dispute that is appropriate for court review.

Litigation

The process of resolving disputes through the court system.

Long-arm statute

A state law allowing courts to exercise jurisdiction over out-of-state defendants.

Mediation

A dispute resolution process in which a neutral mediator helps parties reach a voluntary agreement.

Metadata

Data that provides information about other data, such as time, author, or location.

Motion for a directed verdict

A request asking the judge to rule because no reasonable jury could decide otherwise.

Motion for a new trial

A request asking the court to retry a case due to legal error or unfairness.

Motion for judgment n.o.v.

A request asking the judge to overturn a jury's verdict.

Motion for judgment on the pleadings

A request for judgment based solely on the pleadings.

Motion for summary judgment

A request for judgment when there are no disputed material facts.

Motion to dismiss

A request to end a case because of a legal defect.

Negotiation

A process where parties attempt to resolve a dispute without third-party involvement.

Online dispute resolution (ODR)

The use of online platforms to resolve disputes electronically.

Pleadings

The formal written statements filed by the parties stating claims and defenses.

Probate court

A court that handles wills, estates, and inheritance matters.

Question of fact

An issue involving disputed facts that must be decided by a judge or jury.

Question of law

An issue involving the interpretation or application of the law.

Reply

A plaintiff's response to a defendant's answer.

Rule of four

The Supreme Court rule that four justices must agree to hear a case.

Service of process

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

Small claims court

A court that handles minor disputes involving small monetary amounts.

Standing to sue

The requirement that a person must have a sufficient connection to bring a lawsuit.

Summary jury trial (SJT)

A shortened trial used to help parties evaluate their case and encourage settlement.

Summons

A document notifying a defendant of a lawsuit and requiring a response.

Venue

The geographic location where a case is heard.

Voir dire

The jury selection process.

Writ of certiorari

An order by which the Supreme Court agrees to review a lower court decision.