Chapter 3

Card Set Information

Chapter 3
2012-02-11 18:09:39
Business Law

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  1. Litigation
    the process of bringing, maintaining and defending a lawsuit
  2. Pretrial Litigation Process
    • pleadings
    • discovery
    • dismissals
    • pretrial judgments, and settlement conference.
  3. Pleading
    • Includes:
    • Complaint: initiates lawsuit and it is done by the plaintiff
    • Summons: a court order directing the defendant to appear in court and answer the complaint (serving)
    • Answer: the defendant answers the summons by admitting/denying the claims made against them to the court.
  4. Default judgement
    pretrial litgation process where the defendant doesnt answer an all the plaintiff has to prove is damages
  5. Affirmative defenses
    claiming self defense if the plaintiff was hurt or the statue of limitation (time to hear the case) has expired
  6. Cross-complaint and reply
    part of pretrial litigation where defendant believes he/she has been injured by the plantiff and files a claim against them. the planitiff must reply to the cross complaint
  7. COnsolidation
    court combines two or more separate lawsuits into one lawsuit.

    air plane crash mulitple people injured take all claims put them into one suit.
  8. Statute of Limitations
    period of time in which plaintiff must bring a lawsuit against a defendant to sue. Statrs righ after alleged accident occured .
  9. Discovery
    legal process during which each party engages in various activities to discover facts of the case from the other party and witnesses before the trial:

    • witness list
    • deposition
    • production of doc
    • Interrogatories
  10. Deposition
    Oral testimony given by a party or witness prior to trial. The testimony is given under oath and is transcribed.
  11. Interrogatories
    Written questions submitted by one party to another party. The questions must be answered in writing within a stipulated time.
  12. Production of Documents
    A request by one party to another party to produce all documents relevant to the case prior to the trial.
  13. Settlement conference
    a hearing before a trial in order to facilitate the settlement of a case, pretrial hearing
  14. Trial
    • Jury Selection
    • Opening Statements
    • Plaintiffs Case
    • Defendants Case
    • Rebuttal and Rejoinder
    • Closing Arguments
    • Jury instructions
    • Jury Deliberation/Verdict
    • Entry of Judgement
  15. Appeal
    only defendant can file an appeal in a criminal case. A notice of appeal must be filed within a prescribed time after judgment (60 or 90 days)

    • they do not review whole case just all areas judge makes a mistake
    • ex: objections
  16. Jury instructions
    • if you dont have a doubt guilty
    • if you do have a doubt not guilty
    • 75 % people say guilty than defendant is liable
  17. Alternative Dispute Resolution
    • 1.) Arbitration
    • 2.) Mediator
    • 3.) Mini trial
  18. Arbitration
    expert in subject matter helps decide the case only takes a day or two. If you lose can appeal in court (much cheaper)
  19. Mediator
    where use a neutral 3rd party to propose settlement of dispute. Do not make binding decisions
  20. Mini trial
    a way to see if client would win case small mock trial if doesn't win several mini trials, client should settle.