Terms: Res Judicata: This is the rule which says that a matter or case which has been previously

sett led in final form by a court of law is conclusive and prevents further action on the same matter or case. Ex Parte: An ex parte communication is a communication with one party only, i.e., without the opposing party to the case being present. In most situations, ex parte commu nication between a decision maker (e.g., judge, arbitrator, etc) and one party t o the case is impermissible. Toll: To toll a statute is to temporarily suspend the counting of time for purposes of that statute. For example, if one has 1 year in which to file a certain cause o f action, but that time period is tolled while a party is actively engaged in th e armed services, a party might spend several years in the army and still be abl e to file the claim. Precedent: Precedent refers to a decision by a court which establishes a rule of law which must be followed by other courts. The Supreme Court of the United States is the only court whose decisions establish precedent for every other court in the nati on. Circuit Court decisions establish precedent, and are therefore binding, for the District Courts within their jurisdictions. State court decisions are never binding outside of their state. A decision which does not serve as precedent for another court may nonetheless be persuasive to that other court. Writ of Certiorari: A writ is court order. When a party applies for a writ of certiorari from the Su preme Court, that party is asking the court to review its case on appeal. If the certiorari is granted, the Court hears the case, otherwise certiorari is denied (by far the more common result â the Court hears only a small fraction of the cases submitted to it each year). "Unconscionable" Contract: A contract which is so outrageous or immoral that it shocks the sensibilities of the courts. Class Action: An action in which a representative plaintiff sues or a representative defendant is sued on behalf of a class of plaintiffs or defendants who have the same inte rests in the litigation as their representative, and whose rights or liabilities can be more efficiently determined as a group than in a series of individual su its.

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