Copyright . Paul LaVack. All rights reserved.
answer-the defendant’s response to the plaintiff’s complaint. The answer admits or denies the claims in the plaintiff’s complaint.
appeal-a legal action which seeks review by a court of a
lower court’s decision
arbitration hearing-an informal legal proceeding held before a neutral
court official called an arbitrator.
The arbitrator renders a decision on the facts and issues in the case.
arbitrator-the court official who presides at an arbitration
hearing and renders a decision in the case.
award-the arbitrator’s decision rendered at the close of or
shortly after the conclusion of the arbitration hearing.
complaint-the document which, when filed with the court,
initiates a lawsuit. It sets forth
the plaintiff’s claims against the defendant.
defendant-the person against whom relief or recovery is sought
in a lawsuit; the one that defends against a lawsuit.
docketing the appeal-the court’s formal recording of the filing of an
appeal by one of the parties to the lawsuit. An appeal is a legal action which seeks review by a court of
a lower court’s decision.
execution-an order to the sheriff to seize and sell certain
property of a judgment debtor to satisfy the judgment.
exemptions-a privilege allowed by law to a judgment debtor by
which a certain amount or class of property is protected from sale to satisfy a
judgment against the debtor.
judgment-the decision of a judge, jury or arbitrator resolving
a dispute and determining the rights and obligations of the parties.
lien-a legal claim against a piece of land for payment of
some debt, obligation or duty. The
lien results from the court’s entry of a judgment against a landowner.
motion-a document filed with the court seeking to obtain a
ruling or order from the court which is favorable to the party filing the
motion.
notice-a formal, written announcement communicating
scheduling information or other information about a case. The original notice is filed with the
Clerk of Superior Court and copies are mailed or hand-delivered to parties to
the litigation.
party-the plaintiff or defendant in a case. The plaintiff is the party who files
the lawsuit and the defendant is the party who is being sued.
plaintiff-the person who brings an action in court; the one
that sues.
responsive pleading-the documents setting forth the parties respective
claims and defenses. The
plaintiff’s complaint initiates the lawsuit and the answer is the defendant’s
opportunity to respond to what is claimed by the plaintiff in the complaint.
sanction-the court’s imposition of a penalty on a party who
violates or fails to observe an order or rule of the court.
stipulation-the name given to an agreement made by parties or
attorneys on opposite sides of a case.
The stipulation is filed with the court for purposes of notifying the
court of the agreement.
trial de novo-a new trial or retrial during which a whole case is
retried as if no trial ever occurred in the first place.
witness/document subpoena-a document by which the court commands that a witness
appear at a legal proceeding or by which the court orders that an individual
appear at the proceeding with certain specified documents.
Conflict- A serious disagreement or argument. For most people, this word brings up negative connotations
but is does not always have to be so. Conflict can also be a change agent. and
it can also provide an opportunity for growth. A lot depends on how we handle
disagreement. We are often more interested in defending our position like an
army in battle than looking out for our best interest. If we are more
interested in “winning” than resolving the problem, the disagreement is all the
more likely to deepen. Carried to the extreme conflicts become intractable. The
on going dispute between Israel and Palestine is a good example. I think the
key is de-escalation. Here are some tips that work well for me. 1. I take ownership of what I say by using “I” statements. “I don’t understand. Can you explain it another way for me?”
“This is how I
see it…” “I can try to explain it another way…” 2. Try to avoid “you” statements. This puts the other person
on the defensive making them more angry and aggressive in their responses. “You are wrong…” “You don’t follow directions…” “You don’t listen…” Say the statements in 1 and 2 out loud and think about how
they “feel”. 3. Acknowledge what the other person is saying. This is not
so hard and let’s the other person know you are really listening. Reflect back
to the person what they are saying. “Le me be sure I understand you…”. This
gives them a chance to hear themselves and clarify what they are saying. 4. Focus on the issue and not the people. To put it another
way, be hard on the problem and not each other. Work together to identify the
real cause of the conflict. Often, what starts off as something seemingly
trivial masks the real issue at hand. For example, my wife gets angry with me
for spending a little money on something we do not need. It turns out she is
worried what will happen to us if I lose my job. 5. The relationship. What do I value most; winning an
argument or preserving the relationship? There are times when it obvious
maintaining a positive relationship with someone is more important than
“winning”. I think this applies not just to those we are close to but to others
we come into contact with day to day. Even when we disagree, using “I”
statements, avoiding “you…” acknowledging what I’m being told and focusing on
the issue will go a long way to building better relationships now and for the
future.
I believe these principals apply no matter how many people
are involved. My wife and I, you and a co-worker, my company and yours all the
way up to nations can use these principals to resolve conflicts and improve
relationships.
“Let me be sure if I understand you…”
“You don’t understand…”
