Chapter 5: Litigation and Alternatives for Settling Civil Disputes - Part 1: Understanding the Law

abjudicated

judgement in a lawsuit

answer

formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense

arbitration

nonjudicial determination of a dispute by a third party rather than by a judge or jury

award

binding decision in an arbitration

complaint

document listing the details of a lawsuit being filed and the relief sought

cross-examination

questioning a witness by the attorney who did not produce the witness

defendent

party against whom criminal charges or a lawsuit is brought

deposition

a witness's sworn statement in writing containing out-of-court testimony

direct examination

questioning a witness by the attorney who called the witness

discovery

pretrial steps taken to learn the details of the case

evidence

information submitted in testimony that is used to persuade a judge and/or jury to decide the case for one side or the other

interrogatories

series of written questions directed to the adversary in a civil trial who must answer by written replies made under oath

judgement

official decision by a judge in a lawsuit tried without a jury

mediation

intervention by a third person to settle a dispute between two parties

motion

request to a judge for a ruling on a point of law

peremptory challenges

right of each attorney in a court case to dismiss a prospective juror arbitrarily

petit jurors

jurors for civil or criminal trial

plaintiff

one who begins a legal action

pleadings

complaint and answers taken together

pretrial conference

hearing before a trial in which parties discuss the facts; may lead to settlement of the case

removal for cause

dismissal of a prospective juror during the selection process because of the juror's inability to be impartial

subpoena

court order requiring testimony in a case

summary judgement

motion for immediate judgement filed by either plaintiff or defendant, based on the information in the complaint and the answer

summons

written notification to the defendant that a lawsuit has been filed

voir dire

speak the truth"; questioning of potential jurors by the judge and opposing attorneys to determine prior knowledge of the facts of the case only on the evidence presented in court

verdict

decision of a jury

abjudicated

judgement in a lawsuit

answer

formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense

arbitration

nonjudicial determination of a dispute by a third party rather than by a judge or jury

award

binding decision in an arbitration

complaint

document listing the details of a lawsuit being filed and the relief sought

cross-examination

questioning a witness by the attorney who did not produce the witness

defendent

party against whom criminal charges or a lawsuit is brought

deposition

a witness's sworn statement in writing containing out-of-court testimony

direct examination

questioning a witness by the attorney who called the witness

discovery

pretrial steps taken to learn the details of the case

evidence

information submitted in testimony that is used to persuade a judge and/or jury to decide the case for one side or the other

interrogatories

series of written questions directed to the adversary in a civil trial who must answer by written replies made under oath

judgement

official decision by a judge in a lawsuit tried without a jury

mediation

intervention by a third person to settle a dispute between two parties

motion

request to a judge for a ruling on a point of law

peremptory challenges

right of each attorney in a court case to dismiss a prospective juror arbitrarily

petit jurors

jurors for civil or criminal trial

plaintiff

one who begins a legal action

pleadings

complaint and answers taken together

pretrial conference

hearing before a trial in which parties discuss the facts; may lead to settlement of the case

removal for cause

dismissal of a prospective juror during the selection process because of the juror's inability to be impartial

subpoena

court order requiring testimony in a case

summary judgement

motion for immediate judgement filed by either plaintiff or defendant, based on the information in the complaint and the answer

summons

written notification to the defendant that a lawsuit has been filed

voir dire

speak the truth"; questioning of potential jurors by the judge and opposing attorneys to determine prior knowledge of the facts of the case only on the evidence presented in court

verdict

decision of a jury