alternative dispute resolution
process used to resolve disputes without going through the court system
answer
pleading in which the defendant replies to each allegation in the complaint, asserts any affirmative defenses, and presents any counterclaims
appellate jurisdiction
reviewing court's power to examine the trial court's decision to determine whether it was legally correct
arbitration
dispute resolution method where the parties present their dispute to an agreed-upon, private decision maker
binding arbitration clause
provision in a contract that requires all or certain disputes arising out of the contract to be resolved by arbitration
civil law
set of rules that regulate noncriminal matters and provide remedies such as money damages
collaborative law
dispute resolution process, used most commonly in family law, in which the parties try to reach a settlement outside court
complaint
pleading in which the plaintiff sets forth the applicable facts and legal claims against the defendant
criminal law
set of rules regulating crimes against public order, such as felonies and misdemeanors, and punishable by fines and incarceration
default judgment
when the court finds in favor of the plaintiff because the defendant failed to file an answer on time
directed verdict
request for the court to overrule a jury verdict because the other party failed to prove their case
discovery
opportunity for the parties to gather information relevant to the case
Federal Rules of Civil Procedure (FRCP)
specific regulations and procedures for civil legal suits within the U.S. federal court system
inchoate crime
offense initiated with substantial steps taken but not completed, such as "attempted" crime, solicitation, and conspiracy
judicial activism
philosophy that courts should play an active role in social, economic, and political change
judicial restraint
philosophy that courts should not rule on the constitutionality of a law unless it is absolutely necessary
judicial review
judge's authority to rule on whether a law passed by the legislative branch or executive branch violates the Constitution
long-arm statute
state law that establishes jurisdiction over a party that lives or is located outside the state where the lawsuit is filed
mediation
dispute resolution method where a neutral third party helps guide both parties toward a voluntary resolution
neutral evaluation
dispute resolution process in which a third party reviews the evidence, listens to the parties' arguments, and examines the value of the case to help the parties agree on a settlement
opening statement
when each party's attorney explains to the court the facts they intend to prove, the legal conclusions the facts will support, and the conclusion that their client should win
original jurisdiction
most commonly exists with the trial court; allows the trial court to hear a case first and render a decision
personal crime
crime against a person that causes harm, such as battery, kidnapping, homicide, and rape
personal jurisdiction
power a court has to give orders to a particular party, both during the litigation phase and when enforcing a judgment
property crime
crime that involves interference with a person's right to use or enjoy their property, such as burglary, embezzlement, arson, trespass, and forgery
severability
in the context of contract law, the idea that the invalidity of part of a contract will not make other parts invalid
subject-matter jurisdiction
court's power to hear a type of case
summons
court order for a party to appear in court at a particular date and time
voir dire
process in which potential jurors are questioned to determine whether they will give an unbiased opinion