Chapter 4 Flashcards
What is a litigation?
A formal process whereby the plaintiff sues the defendant
What is the result of a litigation?
You are awarded money
Jury role in litigation
Jury determines the amount of money that they will award the plaintiff which can cover pain ad suffering + actual damages
What is restitution?
To place the plaintiff in the same position he would have been if the incident did not occur
Disadvantages of litigations?
Extensive pleadings to file, rules of evidence to follow, entire procedure is complex and expensive, and you need a lawyer in most courts
What is a Negotiation?
Discussion between 2 or more people to resolve a dispute
What is a Mediation?
3rd party helps resolve the dispute for the parties
What is an Arbitration?
Arbitrator i.e. Judge is brought in to help resolve the dispute
Advantage of Negotiation?
Confidentiality, Informal, Free
Disadvantage of Negotiation?
No legal enforcement
Advantage of Mediation?
Confidential, Informal, Suggestions
Disadvantage of Mediation?
No legal enforcement
Advantage of Arbitration?
Cheaper, Faster, Private
Disadvantage of Arbitration?
Can Be Overturned by the courts due to error
Cause of action?
A legal right recognized by law that gives you grounds to sue
What is a summons?
Says that you are being sued
What is a complaint?
Says in detail what you are being sued for
Four options after service of process
Do Nothing, File an answer or motion or answer with a motion
What happens if you do nothing after being served?
Plaintiff can go to court and get a default judgement and automatically win
What happens if you file an answer?
An answer is a paper filed by the defendant’s attorney that responds to the allegation in the complaint by admitting and denying
What happens when you file a motion?
You want to dismiss the case and the judge can throw out the case
Why would you file an answer with a motion?
To avoid a motion being ignored and a complaint being admitted as true in case the motion is denied
What is a Discovery?
A process of the attorneys gathering information before the trial
What are two types of discovery?
interrogatories and depositions
What is are interrogatories and where do they take place?
Set of written questions in a civil court
What are depositions?
Mini hearings in a lawyer’s conference room
Voir Dire?
The attorneys choose a jury
What are opening statements?
It tells jurors what they will prove in trial
What is a direct examination?
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
What is cross examination?
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
What are jury instructions?
Jury instructions are the set of legal rules that jurors ought follow when deciding a case
