Civil Procedure Chapter 1
WRIT OF EXECUTION
a document that allows the plaintiff to seize and sell the defendants property and use the proceeds to satisfy the judgment
MEDIATION
a nonbinding process in which a neutral third party helps disputing parties reach a settlement.
MOTION
a request that a judge make a ruling or take some other action.
SECONDARY SOURCES
about the law such as articles, treaties, and encyclopedias
TRIAL
aka hearing, where the parties present their evidence to a judge or jury, who then decide the dispute.
SETTLEMENT
an agreement that resolves a dispute without the necessity of a court action
PETITION
an initial document filed with the court asking the court for some order
CRIMINAL LAW
based on substantive law; laws that prohibit conduct that society deems harmful and provide for punishment in the form of jail, fine, or probation.
FORM BOOKS
books containing sample forms for legal professionals to follow in preparing pleadings and other documents
PRIMARY SOURCES
contain actual law like case reporters, codes, and constitutions
SUBSTANTIVE LAW
create, define, or explain our rights or obligations
NEGOTIATION
discussion between opposing parties in an attepmt to settle a case; involves both side compromising
COMPLAINT
document that beings the process of civil litigation in court
CLOUD COMPUTING
electronic file storage where files are stored on the internet rather than on the office computer
DEFAULT
failure to file an answer withing the proper time; leads to judgement
JUDGMENT
final decision from the trial court; an award of money damages or other relief
CIVIL LAWS
laws dealing with private disputes between parties
PLAINTIFF
party who initiates a civil or criminal lawsuit
DEFENDANT
party who is sued in either civil or criminal case
CIVIL PROCEDURE
rules that apply in civil cases; determine how a civil case proceeds through the legal system
CRIMINAL PROCEDURE
rules that apply in criminal cases; determine how a criminal case proceeds through the legal system; based on federal, state, constitutions, codes, rules or court, and cases.
LOCAL RULES OF COURT
rules that are adopted by individual courts and apply only in those courts
PROCEDURAL LAW
set fourth the methods used to enforce those rights or obligations
MEDIATOR
the neutral third person who facilitates the mediation process.
ARBITRATOR
the neutral third person who presides over the arbitration process and makes a decision
CIVIL LITIGATION
the process of resolving private disputes through the court system
ARBITRATION
unlike in mediation; arbitrator make a decision
ALTERNATIVE DISPUTE RESOLUTION
ways to resolve a civil dispute with resort to a legal action
ANSWER
when the defendant challenges the factual basis of the lawsuit
DISCOVERY
where all the parties have the right to obtain information from other parties
