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Business Law Chapter 3
N/A
20
Business
Undergraduate 3
02/16/2013

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Term
1. Accident, breach of contract, or other event
2. Party consults with an attorney
3. Informal Investigation
Definition
Stages in a Typical Lawsuit (Before Filing)
Term
1. Plaintiff's Attorney Files Complaint
2. Defendant is served
3. Defendant's Attorney Files an Answer
Definition
Stages in a Typical Lawsuit - Filing Suit - The Pleadings
Term
depositions
Definition
bringing people in to ask them questions
Term
interrogatories
Definition
written questions sent to other parties
Term
requests for production of documents
Definition
getting documents in advance
Term
request for admissions
Definition
chance to admit something to simplify trial
Term
request for examination
Definition
examined by a medical doctor
Term
requests for entry on land
Definition
permission to collect samples
Term
20 days or default judgment occurs
Definition
how many days you have to answer a complaint
Term
2-10%
Definition
percentage of cases that actually make it to trial
Term
motion to dismiss, motion for judgment on the pleadings, motion for summary judgment
Definition
3 dismissals and judgments before trial
Term
motion to dismiss
Definition
happens after complaint, no trial occurs
Term
motion for judgment on the pleadings
Definition
dismissal of case based on the pleadings phase
Term
motion for summary judgment
Definition
dismissal that can happen at any time
Term
pre-trial conference
Definition
the attorneys meet with the judge
Term
Voir Dire (unlimited for cause, limited for peremptory)
Definition
challenges "for cause" and peremptory challenges
Term
A. Opening Statement
B. Presentation of Evidence
C. Closing Argument
D. Jury Trial: Jury Instructions and Jury Verdict
Definition
4 phases of a trial
Term
A. Motion for a judgment in accordance with the verdict
B. motion for a new trial
C. motion for judgment N.O.V.
Definition
3 Post-trial motions
Term
A. Filing the Appeal
B. Appellate Review(affirm, reverse, remand, modify)
Definition
Steps in the Appeal
Term
enforcing the judgment
Definition
court can order a sheriff to seize property owned by the defendant. Property can be sold at auction and the proceeds given to the plaintiff
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