business law 2

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business law 2
2010-10-23 18:07:37

exam 1 part 2
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  1. motion for judgement on the pleadings
    a motion for judgement on the pleadings alleges that if all facts as pleaded are true, the moving party would win the lawsuit. no facts outside the pleadings may be considered.
  2. motion for summary judgement
    motion for summary judgement alleges that there are no factual disputes so the judge may apply the law and decide the case without a jury. evidence outside the pleadings may be considered.
  3. settlement conference
    pretrial hearing; occurs prior to trial between the parties in front of the judge to facilitate the settlement of the case. if not reached, procedes to trial.
  4. Phases of trial
    • jury selection
    • opening statements
    • plaintiffs case
    • defendants case
    • rebuttal and rejoinder
    • closing arguements
    • jury instructions
    • jury deleberation and verdict
    • entry of judgement
  5. jury selection
    occurs through process called voir dire. biased jurors are dismissed and replaced.
  6. opening statements
    parties' lawyers make opening statements; not evidence
  7. plaintiff's case
    plaintiff bares the burden of proof. plaintiff calls witnesses and introduces evidence to prove case
  8. defendant's case
    plaintiff calls witnesses and introduces evidence to rebutt the plaintiff's case and to prove affirmative defenses and cross-complaints
  9. rebuttal and rejoinder
    plaintiff and defendant may call additional witnesses and introduce additional evidence.
  10. closing arguements
    parties' lawyers make closing statements, not evidence
  11. jury instructions
    judge reads instructions to jury as to what they are to apply to the case
  12. jury delibaration and verdict
    jury retires to jury room and deliberates until it reaches a verdict
  13. entry of judgement
    • judge may:
    • enter the verdict reached by the jury as the courts judgement
    • grant a motion for the judgement n.o.v. if biased
    • order remittitur (reduction)
  14. appeal
    both parties in a civil suit and the defendant in a criminal trial may appeal the decision of a trial court. notice of appeal must be filed within a specified period of time and to appropriate appelate court.
  15. alternative dispute resolution
    nonjudicial means of solving a legal dispute. ADR usually saves time and money compared to litigation
  16. arbitration clause
    an agreement contained in a contract which stipulates that any dispute arising out of the contract will be arbitrated
  17. submission agreement
    an agreement to submit a dispute to arbitration after the dispute arises.
  18. concilliation
    interested third party, called a concilitor, assists the parties in trying to reach a settlement of thier dispute. concilitor does not make an award.
  19. minitrial
    short session in which the lawyers for each side present thier cases to representatives of each party who have the authority to settle the dispute.
  20. fact-finding
    parties may hire a neutral third person, called a fact finder, to investigate a dispute and report his or her findings to the adversaries
  21. judicial referee
    with consent of the parties the court may appoint a judicial referee to conduct a preivate trial and render a judgement. judgement stands of the judgement of the court and may be appealed to the appropriate applelate court.
  22. administrative agenceies
    created by the federal and state legislative and executive branches. consist of professionals having an area of expertise ina certain area of commerce, who interpret and apply designated statutes.
  23. administrative rules and regulations
    administrative agencies are empowered to adopt rules and regulations that interpret and advance the laws they enforce.
  24. administrative power act
    act establishes procedures to be followed by federal agencies in conducting thier affairs. states have enacted thier own procedural act to govern state agencies.
  25. mediation
    a neutral third party, called a mediator, assist the parties in trying to reach a settlement of their dispute. mediator does not make an award
  26. discovery
    • pretrial litigation process for discovering facts of the case from the other parties and witnesses. consists of:
    • depositions - oral testimony by deponent, transcribed
    • interrogatories
    • production of documents
    • physical and mental examination
  27. statute of limitations
    establishes the period in which a plaintiff must bring suit against a defendant
  28. consolidation
    a court may consolidate separate cases against the same defendant arising form the same incident into one case if doing so would not cause predjudice to the parties
  29. intervention
    a person who has interest in a lawsuit may intervene and become a party to the lawsuit
  30. cross-complaint
    filed and served by the defendant if he or she contersues the plaintiff. defendant = cross-complaintant, plaintiff = cross-defendant. cross defendant must file and serve a reply (answer).
  31. answer
    filed by defendant with the court and is served on the plaintiff. usually denies most allegations of the complaint
  32. complaint
    filed by plaintiff with the court and served with a summons on the defendant. sets forth basis of lawsuit
  33. pleadings
    • complaint
    • answer
    • cross-complaint
    • intervention
    • consolidation
  34. pretrial litigation process
    • pleadings
    • statute of limitation
    • discovery