Chapter 3

Question 1

Pretrial litigation process

Answer 1

Pleadings. Complaints. Plaintiff files a complaint. List parties of the lawsuit. Alleges facts and laws. Answer. You tell your story and I’ll tell mine

Question 2

Class action lawsuit

Answer 2

Occurs when a group of plaintiffs collectively bring a lawsuit against a defendant must be certified by the appropriate federal or state court. Commonality of claims is essential

Question 3

Statue of limitations

Answer 3

Establishes the period during which a plaintiff must bring a lawsuit against a defendant. If a lawsuit is not filed within this time. Plaintiff loses the right to sue. Established for each type of lawsuit.

Question 4

Discovery

Answer 4

Process of discovering facts about the case and witnesses before trial

Question 5

Purposes

Answer 5

Prevents surprises during trial. Preserve evidence. Save court time. Promote a settlement for the case. Allow parties to thoroughly prepare for trial. 95% of all cases ever filed are settled

Question 6

Deposition

Answer 6

A statement made before the trial to a court recorder

Question 7

Interrogatories

Answer 7

Lynn questions submitted by one party to a lawsuit of another party

Question 8

Production of documents

Answer 8

When someone requires you produce all documents relevant to the case

Question 9

Physical and mental examination

Answer 9

Court-ordered examination of a party where injuries are alleged that could be verified or dispute by such examination

Question 10

Pretrial motions

Answer 10

Emotion a party can make to try to dispose of all or part of a lawsuit prior to trial

Question 11

Types of pretrial motion

Answer 11

Motion for judgment on the pleadings. Motion for summary judgment.

Question 12

Negotiation

Answer 12

A procedure whereby the parties to legal dispute engage in discussions

Question 13

Arbitration

Answer 13

The parties choose an impartial third party to hear and decide

Question 14

Mediation

Answer 14

Form of negotiation which a neutral third-party helps to come up with a win-win for each side

Question 15

Mediator

Answer 15

A person was allowed to give opinions to either party cannot award or make judgment

Question 16

Arbitrator

Answer 16

Make decision by hearing the case and helping come to a general consensus of both parties

Question 17

E courts and E dispute resolution

Answer 17

E courts are used to settle legal disputes via the Internet. Allow online filing of pleadings, briefs, and documents.