一些美国法律用词及其定义(英文).pdf

Alternative dispute resolution (ADR) A procedure for settling a dispute by means other than litigation, such as arbitration or mediation Answer A defendants first pleading that addresses the merits of the case, usually by denying the plaintiffs allegations Appeal A proceeding undertaken to have a decision reconsidered by a higher authority; especially, the submission of a lower courts or agencys decision to a higher court for review and possible reversal. Appellant A party who appeals a lower courts decision, usually seeking reversal of that decision. Appellee A party against whom an appeal is taken and whose role is to respond to that appeal, usually seeking affirmance of the lower courts decision. Arbitration A method of dispute resolution involving one or more neutral third parties who are usually agreed to by the disputing parties and whose decision is binding. Arbitration clause A contractual provision mandating arbitration-and thereby avoiding litigation-of disputes about the contracting parties rights, duties, and liabilities. Choice-of-law clause A contractual provision by which the parties designate the jurisdiction whose law will govern any disputes that may arise between the parties. Complaint The initial pleading that starts a civil action and states the basis for the courts jurisdiction, the basis for the plaintiffs claim, and the demand for relief. Conciliation A settlement of a dispute in an agreeable manner. A process in which a neutral person meets with the parties to a dispute and explores how the dispute might be resolved; esp., a relatively unstructured method of dispute resolution in which a third party facilitates communication between parties in an attempt to help them settle their differences. Consolidation The act or process of uniting; the stat of being united. Cross-complaint A claim asserted by a defendant against another party to the action. Deponent One who testifies by deposition. Depo