Ch. 3 The Legal Proceedings of Business

Question 1

What are pleadings?

Answer 1

the complaint and the answer taken together

Question 2

What is the complaint?

Answer 2

contains a statement alleging (1) the facts showing that the court has subject-matter and personal jurisdiction (2) facts establishing the plaintiffs basis for relief (3) the remedy the plaintiff is seeking

Question 3

What is service of process?

Answer 3

formally notifying the defendant of a lawsuit

Question 4

What is a summons?

Answer 4

a notice requiring the defendant to appear in court and answer the complaint within a specified time period

Question 5

What is a default judgment?

Answer 5

A default judgement would mean that the defendant failed to respond to the summons and so the plaintiff is automatically granted their remedy

Question 6

Do the courts require that the defendant be formally served?

Answer 6

No, in most cases the defendant knows they are being sued and has the right to waive their their right to be served. If they waive the their rights they receive additional time to respond to the complaint.

Question 7

What is an answer?

Answer 7

the defendants response to the complaint

Question 8

What is an affirmative defense?

Answer 8

admitting the truth to the complaint but raising new facts to show that the defendant should not be held liable for damages

Question 9

What is a counterclaim?

Answer 9

denying the allegations and setting forth their own claim

Question 10

What is a motion?

Answer 10

a procedural request submitted to the court by an attorney on behalf of her or his client

Question 11

What is a pretrial motion?

Answer 11

include the motion to dismiss, the motion for judgment on the pleadings, motion to change the venue, and the motion for summary judgment

Question 12

What is a motion to dismiss?

Answer 12

asking the court to dismiss the case for the reasons stated in the motion

Question 13

What is a motion for the judgment on the pleadings?

Answer 13

asks the court to decide the issue solely on the on the pleadings without proceeding to trial

Question 14

What is a motion for summary judgment?

Answer 14

asks a court to grant a judgment in the party’s favor without a trial. this will only be granted if there is no dispute on the facts and the only question is how the law applies to the facts

Question 15

What is an affidavit?

Answer 15

sworn statements by parties or witnesses

Question 16

What is admissible evidence?

Answer 16

evidence that the court would allow to be presented during the trial

Question 17

What is a discovery?

Answer 17

the process of obtaining information from the opposing party or from witnesses prior to the trial. gaining access to witnesses, documents, records, and other types of evidence. only relevant info is discoverable

Question 18

What is a deposition?

Answer 18

sworn testimony by a party to the lawsuit or any witness, recorded by an authorized court official. to “impeach” a party is to challenge their credibility if they change their testimony

Question 19

What is an interrogatory?

Answer 19

written questions for which written answers are prepared and then signed under oath. This is different from a deposition in that the responses are calculated and not in the moment and expressive.

Question 20

What is a request for examinations?

Answer 20

when the physical or mental state of one party is in question, the other party can ask for a physical or mental examination

Question 21

What is e-evidence?

Answer 21

all computer generated or electronically recorded info. the discovery of e-evidence is timely and expensive

Question 22

What is a pretrial conference?

Answer 22

a meeting that takes place before the trial begins

Question 23

What is the right to trial by jury?

Answer 23

the right to be tried in front of a jury. most trials aren’t actually tried in front of a jury, if the party does not request a jury it is assumed they are waiving this right

Question 24

What is voir dire?

Answer 24

the selection process of a jury. during this time a party may challenge a certain number of prospective jurors peremptorily (ask that individual not to be sworn in as a juror without reason). or they can challenge for cause.

Question 25

What are the rules of evidence?

Answer 25

a series of rules that have been created by the courts to ensure that any evidence presented during the trial is fair and reliable

Question 26

What is relevant evidence?

Answer 26

the evidence that tends to prove or disprove a fact in question or to establish the degree of probability of a fact or action

Question 27

What is hearsay?

Answer 27

the testimony someone gives in court about a statement made by someone else who was not under oath at the time of the statement

Question 28

What is a direct examination?

Answer 28

examining the witness called to the stand by your party

Question 29

What is cross examination?

Answer 29

questioning the other parties witness

Question 30

What is reexamination?

Answer 30

reexamining your witness

Question 31

What is recross-examination?

Answer 31

requisitioning the other parties witness

Question 32

What is an expert witness?

Answer 32

a person who by virtue of education, training, skill, or experience has specialized knowledge in a particular area beyond that of an average person

Question 33

What is a motion for a judgment as a matter of law? (motion for a directed verdict)

Answer 33

at the end of the plaintiffs case the defendant has the opportunity to ask the judge to direct a verdict for the defendant on the ground that the plaintiff has presented no important evidence to support his or her claim

Question 34

What is a rebuttal?

Answer 34

offering additional evidence that refutes the defendants case or trying to poke holes in their testimony

Question 35

What is a rejoinder?

Answer 35

after the rebuttal of the plaintiff, the defendant then has the opportunity to answer through rejoinder

Question 36

What is the closing argument?

Answer 36

each attorney summarizes the facts and evidence presented during the trial and indicated why the facts and evidence support his or her clients claim

Question 37

What is a preponderance of evidence?

Answer 37

presenting a factual claim that is more likely to be true than the defendants

Question 38

What is a verdict?

Answer 38

specifies the jury’s factual findings, when the jury has reached a decision

Question 39

What a motion for a new trial?

Answer 39

the losing party may request this and the judge may or may not grant the request only if they believe the the jury was in error

Question 40

What is a motion for judgment n.o.v. ?

Answer 40

(non obstante veredicto) “notwithstanding the verdict” such a motion will be granted only if the jury’s verdict was unreasonable and erroneous

Question 41

What is a brief?

Answer 41

a formal legal document outlining the facts and issues of the case, the judges rulings or jury’s findings that should be reversed or modified, and the applicable law

Question 42

What are the courts options after reviewing a case?

Answer 42

1. affirm 2. reverse 3. remand (send back) 4. affirm or reverse in part 5. modify the decision

Question 43

What is a writ of execution?

Answer 43

an order directing the sherif to seize and sell the defendants nonexempt assets or property