Chapter 4

Question 1

What is a litigation?

Answer 1

A formal process whereby the plaintiff sues the defendant

Question 2

What is the result of a litigation?

Answer 2

You are awarded money

Question 3

Jury role in litigation

Answer 3

Jury determines the amount of money that they will award the plaintiff which can cover pain ad suffering + actual damages

Question 4

What is restitution?

Answer 4

To place the plaintiff in the same position he would have been if the incident did not occur

Question 5

Disadvantages of litigations?

Answer 5

Extensive pleadings to file, rules of evidence to follow, entire procedure is complex and expensive, and you need a lawyer in most courts

Question 6

What is a Negotiation?

Answer 6

Discussion between 2 or more people to resolve a dispute

Question 7

What is a Mediation?

Answer 7

3rd party helps resolve the dispute for the parties

Question 8

What is an Arbitration?

Answer 8

Arbitrator i.e. Judge is brought in to help resolve the dispute

Question 9

Advantage of Negotiation?

Answer 9

Confidentiality, Informal, Free

Question 10

Disadvantage of Negotiation?

Answer 10

No legal enforcement

Question 11

Advantage of Mediation?

Answer 11

Confidential, Informal, Suggestions

Question 12

Disadvantage of Mediation?

Answer 12

No legal enforcement

Question 13

Advantage of Arbitration?

Answer 13

Cheaper, Faster, Private

Question 14

Disadvantage of Arbitration?

Answer 14

Can Be Overturned by the courts due to error

Question 15

Cause of action?

Answer 15

A legal right recognized by law that gives you grounds to sue

Question 16

What is a summons?

Answer 16

Says that you are being sued

Question 17

What is a complaint?

Answer 17

Says in detail what you are being sued for

Question 18

Four options after service of process

Answer 18

Do Nothing, File an answer or motion or answer with a motion

Question 19

What happens if you do nothing after being served?

Answer 19

Plaintiff can go to court and get a default judgement and automatically win

Question 20

What happens if you file an answer?

Answer 20

An answer is a paper filed by the defendant’s attorney that responds to the allegation in the complaint by admitting and denying

Question 21

What happens when you file a motion?

Answer 21

You want to dismiss the case and the judge can throw out the case

Question 22

Why would you file an answer with a motion?

Answer 22

To avoid a motion being ignored and a complaint being admitted as true in case the motion is denied

Question 23

What is a Discovery?

Answer 23

A process of the attorneys gathering information before the trial

Question 24

What are two types of discovery?

Answer 24

interrogatories and depositions

Question 25

What is are interrogatories and where do they take place?

Answer 25

Set of written questions in a civil court

Question 26

What are depositions?

Answer 26

Mini hearings in a lawyer's conference room

Question 27

Voir Dire?

Answer 27

The attorneys choose a jury

Question 28

What are opening statements?

Answer 28

It tells jurors what they will prove in trial

Question 29

What is a direct examination?

Answer 29

the questioning of a witness by the party that has called that witness to give evidence, in order to support the case that is being made

Question 30

What is cross examination?

Answer 30

When the lawyer for the plaintiff or the government has finished questioning a witness, the lawyer for the defendant may then cross-examine the witness

Question 31

What are jury instructions?

Answer 31

Jury instructions are the set of legal rules that jurors ought follow when deciding a case