Legal Terms and Concepts in the Adversary System, Quizzes of Business and Labour Law

Download Legal Terms and Concepts in the Adversary System and more Quizzes Business and Labour Law in PDF only on Docsity! TERM 1 adversary system DEFINITION 1 justice system in which the parties represent themselves and argue their positions before a court TERM 2 affirmative defense DEFINITION 2 a defendant's challenge to the plaintiff's right to bring the action (by such claims as self defense or that the statute of limitations has run); asserted in the answer TERM 3 alternative dispute resolution DEFINITION 3 the use of some mechanism other than courts to resolve a dispute (arbitration, negotiaton, or mediation) TERM 4 answer DEFINITION 4 the defendants required response to a plantiff's complaint; of any exist, the defendant may include (1) a motion to dismiss, (2) an affirmative defense and/or (3) a counterclaim TERM 5 appeal DEFINITION 5 asking for a higher courts review of a lower courts decision TERM 6 arbitration DEFINITION 6 the process of submitting a dispute to a neutral third party (arbitrator) who resolves the matter with a decision that is binding on both parties TERM 7 award DEFINITION 7 the decision of an arbiter; it may be in writing but it does not have to give its rationale TERM 8 complaint DEFINITION 8 the initial pleading in a civil action in which the plaintiff states (1) facts to show that the court has jurisdiction; (2) facts to show the plaintiff is entitled to the remedy and (3) what remedy is sought TERM 9 counterclaim DEFINITION 9 a new claim that a defendant asserts against a plaintiff in the answer TERM 10 damages DEFINITION 10 money awarded to an injured party as a remedy for the wrong done TERM 21 motion DEFINITION 21 the process and document attorneys use to submit proposed actions to the court for its consideration TERM 22 motion to dismiss DEFINITION 22 a defendants motion asking that the case be dismissed (1) because the court has no jurisdiction over the subject matter or the defendant or (2) because the complaint fails to state a legal claim (even if the facts are true, there is no remedy) TERM 23 negotiation DEFINITION 23 the process of deliberating over terms and proposals in an effort to come to an agreement and avoid litigation TERM 24 pleadings DEFINITION 24 the formal written statements made to the court and to the parties in a lawsuit giving the details concerning the facts, charges and defenses that make up the suit TERM 25 remand DEFINITION 25 the act of an appeals court to send a case back to the trial court to take a particular action or follow a particular guideline TERM 26 res judicata DEFINITION 26 the doctrine that forbids a dispute from being litigated a second time after a final judgment is entered and all appeals exhausted TERM 27 service of process DEFINITION 27 the personal delivery of a complaint to the defendant (or, in some jurisdictions, delivery by leaving it with a responsible person at the defendant's residence) TERM 28 specific performance DEFINITION 28 a court order to a party to perform his or her contract duties - usually ordered when damages in the form of money would not bring a just result TERM 29 summary judgment DEFINITION 29 a judgment entered by a judge when the pleadings and discovery show (1) that there is no genuine issue about the facts and (2) the party making the motion is entitled to judgment as a matter of law TERM 30 summons DEFINITION 30 the way a court notifies a person sued that he/she is required to appear and answer a legal complaint TERM 31 voir dire DEFINITION 31 an examination of potential jurors in which the attorneys and the judge ask questions to help them avoid jurors who are biased or incompetent TERM 32 writ of execution DEFINITION 32 a mandatory order by a court to put its judgment into effect