BUS 201 - Chapter 3 -Trials and Resolving Disputes
motion to dismiss for failure to state a claim / demurrer
an assertion that even if facts asserted are true, the injury claimed by the plaintiff is one for which the law furnishes no remedy
specific performance
an equitable remedy which requires the offending party to do as it promised
reply
answer to the counter-claim
Everything said in the mediation can be made public or be used in court as evidence if mediation should fail and a suit follows (T/F)
false
the right to a jury trial must be exercised. (T/F)
false
request for admissions
either party can serve the other with written requests for an admission of the truth in matters relating to the dispute (used to settle facts about which there are no disputes)
answer
if motion to dismiss is denied, defendant responds to the allegations made by plaintiff. The defendant will admit, deny, or say that he does not know the truth, with respect to each assertion of the plaintiff
judgment notwithstanding the verdict
judge is asked to hold that there were not legally sufficient grounds to support the jury's verdict and to either overturn the entire verdict or a portion of it
punitive damages
money damages in addition to compensatory damages, designed to punish the wrongdoer
compensatory damages
money damages to compensate for losses incurred because of actions of wrongdoer
complaint
plaintiff must state the basis of the court's subject-matter jurisdiction and jurisdiction over the parties to the dispute
discovery
process of obtaining information prior to trial
interrogations
questions submitted by a party to a case to the other party, or a witness, or another person with relevant information
adversary system of justice
system of justice which requires the parties to represent themselves, usually through their lawyers, and to argue their positions before a neutral court
opening statement
the attorneys tell the jury what the crucial facts are and how they will prove that those facts support their position.
counter-claim
the defendant can file a claim against the plaintiff
res judicata
the final judgment on the merits of a case by a court prevents an issue from being relitigated (applies for arbitration as well)
pleading
the formal statements made to the court by the parties to a case that list their claims and defenses. (sets forth the plaintiff's claim against the defendant)
voir dire
the process used to select jury members
deposition
the sworn, in-person testimony of a witness recorded by a court reporter
remedy
the way a right is enforced or how a violation of a right is compensated or prevented
nominal damages
trivial money damages awarded, indicates that a wrong has occurred but no actual damages were incurred
The discovery process helps prevent surprises (or trial by ambush) by giving the parties access to each others' information. (T/F)
true
equitable remedies
when money is not able to compensate for the loss or the defendant may not be able to pay damages but could do certain things to help rectify a wrong
negotiation
when parties decide to settle a matter between themselves (the use of lawyers or representatives is not required but is common)
The parties present their arguments to the appellate court through _____ and _____.
written briefs, oral arguments
Following the service by the plaintiff's complaint, the defendant must file an answer. What are the three options the defendant may answer with?
-a motion to dismiss -an answer with or without an affirmative defense -a counterclaim
what statements must be contained in the complaint?
-alleging the essential facts necessary for the court to take jurisdiction -of the facts necessary to claim that the plaintiff is entitled to a remedy -of the remedy the plaintiff is seeking
what are the four grounds for overturning an award?
-the award was obtained by corruption or fraud -there was evidence of partiality or corruption by an arbitrator -an arbitrator was guilty of serious procedural misconduct, such as refusing to hear relevant evidence that prejudiced the rights of a party -an arbitrator exceeded his power, and an award was made on a subject not relevant to the proceeding
default judgement
If a party does not comply with a court order, this is issued, granting victory to the other party
protective order
If a trade secret or other confidential information is involved, a company can get this and limit access to the material so as to ensure confidentiality
injunction
a court order directing a person to do or not do something
writ of execution
a court order to an official, such as the sheriff, to seize the property of the defendant to satisfy the judgment
permanent injunction
a final court order, issued after the conclusion of the trial or as part of a settlement agreement
order for the production of documents
a party may access information in the possession of the other party (ex. e-mails, medical bills, business records, letters, and repair bills)
arbitration
a process similar to litigation in which two or more persons agree to allow a neutral person or panel to resolve a dispute
mediation
a third party is always used to help the parties try to reach a solution by coming to an acceptable agreement (mediator cannot impose a decision, but can only help resolve a conflict)
what are the general categories of monetary damage awards? (3)
compensatory, punitive, nominal
pretrial conference
conferences between attorneys and judge which simplify the issues and plan the course of the trial, agreeing on witness lists, exhibits, and the schedule
affirmative defense
defendant admits to the facts claimed by the plaintiff but offers additional facts he asserts constitute a defense—a legal excuse—to the plaintiff's complaint
motion to dismiss
defendant asks the court to dismiss the case because it does not have jurisdiction over either the subject matter of the dispute or the defendant's person