Litigation FLASHCARDS

Mediation

A process where a neutral third party helps disputing parties find a mutually agreeable solution without imposing a decision.

Arbitration

A formal proceeding where parties submit their disputes to a neutral third person who makes a binding decision.

Subject Matter Jurisdiction

A court's power to rule on the issues in a case, determining if it can hear the type of dispute presented.

Personal Jurisdiction

The authority of a court to bind the parties involved in a lawsuit, based on their connection to the state.

Diversity Jurisdiction

Federal court jurisdiction over cases where the parties are from different states and the amount in controversy exceeds $75,000.

Long Arm Statutes

State laws that allow courts to extend jurisdiction over nonresident defendants based on specific acts.

Affirmative Defenses

New facts introduced in a defendant's answer that, if proven, would absolve them of liability.

Counterclaims

Claims made by a defendant against a plaintiff in response to the plaintiff's complaint, which need not relate to the original claim.

Default Judgment

A judgment entered against a defendant who fails to respond to the complaint.

Discovery

The pre-trial phase in a lawsuit where parties gather evidence and information from each other.

Interrogatories

Written questions directed to a party in a lawsuit that require written answers.

Depositions

An examination of a witness under oath, documented by a court reporter, used to gather information for a case.

Summary Judgment Motion

A request to the court to rule in favor of one party based on the lack of substantial evidence from the other side.

Writ of Execution

A court order allowing for the enforcement of a judgment, typically involving the seizure of property.