Chapter 3 Vocabulary Dispute Resolution

Formal notice from the United States Supreme Court that it will accept a case for review.

“In the judge’s chambers,” meaning that the judge does something out of view of the jury and the public.

The process of selecting a jury. Attorneys for the parties and the judge may inquire of prospective jurors whether they are biased or incapable of rendering a fair and impartial verdict.

Any method of resolving a legal conflict other than litigation, such as: negotiation, arbitration, mediation, mini-trials, and summary jury trials.

The pleading, filed by the defendant in court and served on the plaintiff, which responds to each allegation in the plaintiff’s complaint.

The party who appeals a lower court decision to a higher court.

Any court in a state or federal system that reviews cases that have already been tried.

The party opposing an appeal from a lower court to a higher court.

A form of alternative dispute resolution in which the parties hire a neutral third party to hear their respective arguments, receive evidence, and then make a binding decision.

The government’s burden in a criminal prosecution.

The written legal argument that an attorney files with an appeal court.

The allocation of which party must prove its case. In a civil case, the plaintiff has the burden of proof to persuade the factfinder of every element of her case. In a criminal case, the government has the burden of proof.

An attorney’s request, during voir dire, to excuse a prospective juror because of apparent bias.

A method of litigating a civil lawsuit in which one or more plaintiffs (or occasionally defendants) seek to represent an entire group of people with similar claims against a common opponent.

A pleading, filed by the plaintiff, providing a short statement of the claim.

A claim made by the defendant against the plaintiff.

During a hearing, for a lawyer to question an opposing witness.

Court order awarding one party everything it requested because the opposing party failed to respond in time.

The person being questioned in a deposition.

A form of discovery in which a party’s attorney has the right to ask oral questions of the other party or of a witness. Answers are given under oath.

During a hearing, when a lawyer asks questions of his own witness.

The decision by a court to instruct a jury that it must find in favor of a particular party because, in the judge’s opinion, no reasonable person could disagree on the outcome.

A stage in litigation, after all pleadings have been served, in which each party seeks as much relevant information as possible about the opposing party’s case.

To terminate a lawsuit, often on procedural grounds, without reaching the merits of the case.

One of the two main types of civil cases that a United States district court has the power to hear. It involves a lawsuit between citizens of different states, in which at least one party makes a claim for more than $75,000.

A mistake made by a trial judge that concerns a legal issue as opposed to a factual matter. Permitting too many leading questions is a legal error; choosing to believe one witness rather than another is a factual matter.

Law governing the proof offered during a trial or formal hearing. These rules limit the questions that may be asked of witnesses and the introduction of physical objects.

A witness in a court case who has special training or qualifications to discuss a specific issue, and who is generally permitted to state an opinion.

One of the two main types of civil cases that a United States district court has the power to hear. It involves a federal statute or a constitutional provision.

A ruling made by a trial court which an appeals court determines was legally wrong but not fatal to the decision.

The explanation given by a judge to a jury, outlining the jury’s task in deciding a lawsuit and the underlying rules of law the jury should use in reaching its decision.

A form of discovery in which one party sends to an opposing party written questions that must be answered under oath.

“Judgment notwithstanding the verdict.” A trial judge overturns the verdict of the jury and enters a judgment in favor of the opposing party.

The power of a court to hear a particular dispute, civil or criminal, and to make a binding decision.

The process of resolving disputes through formal court proceedings.

The process of using a neutral person to aid in the settlement of a legal dispute. A mediator’s decision is non-binding.

An appellate court order changing a lower court ruling.

A formal request that a court take some specified step during litigation. A motion to compel discovery is a request that a trial judge order the other party to respond to discovery.

A request that the court limit discovery.

During voir dire, a request by one attorney that a prospective juror be excused for an unstated reason.

The documents that begin a lawsuit: the complaint, the answer, the counter-claim and reply.

The level of proof that a plaintiff must meet to prevail in a civil lawsuit. It means that the plaintiff must offer evidence that, in sum, is slightly more persuasive than the defendant’s evidence.

A form of discovery in which one party demands that the other furnish original documents or physical things, relating to the suit, for inspection and copying.

A court order limiting one party’s discovery.

The level of proof that the government must meet to convict the defendant in a criminal case. The factfinder must be persuaded to a very high degree of certainty that the defendant did what the government alleges.

A pleading, filed by the plaintiff in response to a defendant’s counter-claim.

A form of discovery in which one party demands that the opposing party either admit or deny particular factual or legal allegations.

The power of an appellate court to overrule a lower court and grant judgment for the party that had lost in the lower court.

The power of a trial court to terminate a lawsuit before a trial has begun, on the grounds that no essential facts are in dispute.

Any court in a state or federal system that holds formal hearings to determine the facts in a civil or criminal case.

The decision of the factfinder in a case.

A petition asking the Supreme Court to hear a case.