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Business Law > Chapter 3: judicial, alternative, and e-dispute resolution > Flashcards

Chapter 3: judicial, alternative, and e-dispute resolution Flashcards

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1
Q

Pleadings

A

The paperwork that is file with the court to initiate and respond to a lawsuit

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2
Q

Plaintiff

A

The party who files a complaint

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3
Q

Complaint

A

The document a plaintiff files with the court and serves on the defendant to initiate a lawsuit

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4
Q

Summons

A

A court order that directs the defendant to appear in court and the answer to the complaint

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5
Q

Service of Process

A

When the complaint and summons are served

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6
Q

Answer

A

A document filed by the defendant against the plaintiff to seek damages or some other remedy

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7
Q

Reply

A

A document filed by the original plaintiff to answer the defendant’s cross-complaint

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8
Q

Intervention

A

The act of other to join as parties to an existing lawsuit

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9
Q

Consolidation

A

The act of two or more separate lawsuits into one lawsuit

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10
Q

Class Action

A

A lawsuit where a group of plaintiffs with common claims collectively bring a lawsuit against a defendant

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11
Q

Statute of Limitations

A

A statute that establishes the period during which a plaintiff must bring a lawsuit against a defendant

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12
Q

Discovery

A

A legal process during which each party engages in various activities to discover facts of the case from the other party and witnesses prior to trial

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13
Q

Deposition

A

Oral testimony given by a party or witness prior to trial; the testimony is given under oath and is transcribed

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14
Q

Deposition Process

A

Court reporter is hired and someone is served with a subpoena (an order to show up to court)

  1. they are sworn in then questions are asked (if someone steps out of the location they are sworn in, they become unsworn)
  2. person is asked to review questions asked for accuracy
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15
Q

Deponent

A

A party who gives their testimony

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16
Q

Interrogatories

A

Written questions submitted by one part to another party; questions must be answered in writing within a stipulated time

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17
Q

Production of Documents

A

A request by one party to another party to produce all documents relevant to the case prior to the trial

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18
Q

Physical or Mental Examination

A

A court-ordered examination of a party to a lawsuit before trial to determine the extent of the alleged injuries

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19
Q

Pretrial Motions

A

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

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20
Q

Motion for Judgement on the Pleadings

A

A motion that alleges that if all the facts presented in the pleadings are taken as true, the party making the motion would win the lawsuit when the proper law is applied to these assertion of facts

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21
Q

Motion for Summary Judgement

A

Asserts that there are no factual disputes to be decided by the jury and that the judge should apply the relevant law to the undisputed facts and decide the case

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22
Q

Settlement Conference (Pretrial Hearing)

A

A hearing before a trial in order to facilitate the settlement of a case

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23
Q

Trial

A

A party to a civil action of law is guaranteed the right to a jury trial

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24
Q

Trier of Fact

A

The jury in a jury trial; the judge where there is not a jury trial

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25
Q

Voir Dire

A

the process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions (attorneys asking questions)

26
Q

Sequestered

A

Separated from family

27
Q

Jury Duty

A

required and once chosen you are interviewed and if you pass interview then you must attend trial; reasons not to show up are dying or military

28
Q

Opening Statements

A

An attorney summarizes the main factual and legal issues of the case and describes why he or she believes clients position is valid

29
Q

Direct examination

A

After a witness has been sworn in, the plaintiff examines the witness; your witness

30
Q

Cross Exam

A

After the plaintiffs attorney has completed his/her questions, defendants attorneys ask questions (your witness being examined by someone else)

31
Q

Redirect Examination

A

After defendants attorney completes his/her questions, plaintiffs attorney asks questions of the witness

32
Q

Defendants Case

A

Must rebut the evidence provided by defenses and prove any allegations

33
Q

Rebuttal

A

After defendant is finished calling witnesses and plaintiffs attorney decides to call witness and put forth evidence to rebut defendants case

34
Q

Rejoiner

A

The defendants attorney can call additional witnesses and introduce other evidence to counter the rebuttal

35
Q

Closing Argument

A

Concluding presentation of the evidence (no new evidence is given)

36
Q

Jury Instructions

A

Instructions that the judge gives to the jury that informs the jurors of the law to be applied in the case

37
Q

Jury Deliberation

A

When the jury retires to the jury room to consider the evidence and they attempt to reach a decision

38
Q

Verdict

A

The conclusion that the jury reaches

39
Q

Judgement

A

Official decision of the court

40
Q

Judgement Notwithstanding the Verdict

A

When the Court overturns the verdict if it finds bias or jury misconduct

41
Q

Remittitur

A

When the judge reduces the amount of monetary damages awarded by the jury if he/she finds the jury to have biased, emotional, or inflamed

42
Q

Appeal

A

The act of asking an appellate court to overturn a decision after the trials court’s final judgement has been entered

43
Q

Appellant (petitioner)

A

The appealing party in an appeal

44
Q

Appellee (respondant)

A

The responding party in an appeal

45
Q

Error of Law

A

Can reverse an appellate courts decision

46
Q

Finding of Fact

A

Appellate court will not reverse this, it can be made by jury or judge

47
Q

Alternative Dispute Resolution (ADR)

A

Methods of resolving disputes other than litigation

48
Q

Negotiation

A

A procedure whereby the parties to a dispute engage in discussions and bargaining to try to reach a voluntary settlement of their dispute

49
Q

Arbitration

A

A form of alternative dispute resolution in which the parties choose an impartial third party to hear and decide the dispute

50
Q

Arbitrator

A

Neutral party

51
Q

Arbitration Clause

A

A clause in a contract that requires disputes arising out of the contract to be submitted to arbitration

52
Q

Federal Arbitration Act (FAA)

A

A federal statute that provides for the enforcement of most arbitration agreements

53
Q

Binding Arbitration

A

The parties often agree in advance to be bound by the arbitrators decision and remedy

54
Q

Nonbinding Arbitration

A

Arbitration is not binding, the decision and award of the arbitrator can be appealed to the courts

55
Q

Mediation

A

A form of alternative dispute resolution in which parties use mediator to propose a settlement of their dispute

56
Q

Mediator

A

The neutral third party; usually a retired judge (judges retire at 70) or lawyer

57
Q

Virtual Courthouses (ecourt)

A

A court that either mandates or permits the electronic filing of pleadings, briefs, and other lawsuit related documents

58
Q

Electronic Dispute Resolution

A

The use of online alternative dispute resolution services to resolve a dispute

59
Q

Electronic Arbitration

A

The arbitration of a dispute using online arbitration services

60
Q

Electronic Mediation

A

The mediation of a dispute using online mediation services

61
Q

Litigation

A

The process of bringing, maintaining, and defending a lawsuit

Business Law (13 decks)

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