PARA-1 (Chapter 6)

What is a legal guardian?

A guardian is someone who has the legal right and duty to take care of another person's property when that person is a child or is otherwise incompetent.

What is a "next friend"?

A next friend is not the legal guardian but is a responsible party that the court recognizes as a legitimate representatives.

If an employee wants to file a complaint of discrimination, what is the statute of limitations?

A person complaining of discrimination at work has 180 days to bring a complaint.

What do the proponents of ADR see as the advantages of ADR over traditional litigation?

ADR is cheaper and quicker in comparison to traditional litigation.

Explain the theory of respondeat superior.

An employer can sometimes be held responsible for the acts of its employees. Because employers usually have more money than employees, persons injured by an employee will frequently also sue the employer.

How does a class action lawsuit differ from one brought by and on behalf of one individual?

Class action lawsuits allow multiple individuals to come together in a single lawsuit to sue the same defendant for the same type of injury.

What issues have to be considered in deciding who should be sued?

First, in order to sue you must be able to establish you were personally affected by something the defendant did, which is a standing. Second, you need establish that the parties involved are capable of suing and being sued, which is legal competence.

In many states, in order for a minor to sue, they have to do it through who?

In many states a minor must sue through a named guardian or "next friend."

If someone says that a particular court does not have jurisdiction over a lawsuit, what is meant by that?

It means that particular court does not have the power to hear the case.

What is judgment proof?

Judgment proof refers to when the defendant does not have sufficient money or other assets.

What is jurisidiction?

Jurisdiction is the relation to the power of a particular court to hear a case brought before it.

What is litigation?

Litigation is the process of using the courts to settle disputes.

What are long-term statutes?

Long-term statutes describe jurisdiction over a nonresident defendant who caused an automobile within that state's borders.

In which situations are best to use mediation as a ADR?

Mediation is best used for parties who will deal with each other in the future, such as divorced couple who will be dealing with child visitation or where there is a dispute between neighbors.

What is meditation?

Meditation is a neutral third party attempts to guide the disputants toward a compromise that is voluntarily accepted by both sides.

What are minimum contacts?

Minimum contacts are a constitutional fairness requirement that a defendant have at least a certain minimum contact with a state before the state courts can have jurisdiction over the defendant.

What is the difference between subject matter jurisdiction and personal jurisdiction?

Subject matter jurisdiction is the power of a court to hear a particular type of case. Personal matter jurisdiction is the power of a court to force a person to appear before it.

What is the alternative dispute resolution (ADR)?

The alternative approaches to litigation.

What are the preliminary issues that attorneys must handle?

The attorneys must handle some preliminary matters: whether a legal basis for the suit exists, who should be sued, in which court the case should be brought, whether the statute of limitations has expired and, whether any administrative agency must be consulted before filing suit.

In which situations are best to use arbitration?

The business community has long been a strong supporter because it is viewed as a faster and less expensive means that arise in course of doing business.

Without the two requirements, how can the defendants challenge class action lawsuits?

The defendants can challenged the validity of proceeding of the class action lawsuit by arguing that either or both of those requirements are missing.

What is the overview procedural process of the litigation?

The procedural steps of the litigation process are initiating, trying, and appealing civil cases.

What is the purpose of requiring litigants to first exhaust their administrative remedies?

The purpose behind this rule is to give the administrative agency a chance to resolve the problem before the parties resort to a lawsuit.

What is the statute of limitations for murder?

The statute of limitations for murder is essentially without limit.

What are the three basic stages of civil litigation?

The three basic stages of civil litigation: pretrial, trial, and appeal.

What are the most common forms of ADR? What is the difference between them?

The two most common forms of ADR is arbitration and mediation. The main difference between them is the third party in meditation will act as a facilitator and the third party in arbitration is a decision maker who acts much like a judge.

What are the two basic requirements that a court must certify before a class action can proceed?

There must be questions of law or fact common to the class, and the claims of the named class members must be typical of the claims of the class as a whole.

What is the compulsory joinder?

When a person must be brought into a lawsuit as either plaintiff or a defendant.

What are the roles of paralegals in ADR?

With formal training and experience paralegals are qualified to assist in gathering an preparing information that will be presented to the arbitrator, mediator, or mock jury. They also work to prepare clients and other witnesses.