Legal issues are decided in court by a jury (other citizens) or bench trial (judge). Sometimes the lengthy and expensive costs of a trial can be avoided by arbitration and mediation. In mediation, a third party attempts to bring a settlement between two parties. When parties agree to submit their differences for judgment by an impartial mediator or panel, they can agree to make the decision “binding.” This process is called arbitration. It is often used to screen and evaluate malpractice cases.
The person who has a complaint is the plaintiff. The person who has been accused of wrongdoing is the defendant. An indictment means that there is enough evidence for a trial. Evidence is the proof submitted supporting the plaintiff. A verdict is the final decision based on evidence. A subpoena is an official demand to come to court to testify. A deposition is giving sworn testimony outside of court. With the exception of res ipsa loquitur, it is incumbent on the plaintiff to prove an injustice has occurred and that the defendant is responsible. In public law and in criminal cases, evidence must prove beyond a reasonable doubt that the defendant is guilty. However, in civil cases, there must only be a preponderance of evidence. A medical assistant working for a physician is an agent representing the physician in making contracts or promises to a patient. The physician is vicariously responsible for the medical assistant’s actions as the employer. The legal term is respondeat superior, which means “let the master answer.”