Legal Business Ch 3

The discovery state in the trial process prevents a:

"trial by ambush"

A judicial system that requires parties to represent themselves and argue their positions before a neutral court is referred to as:

an adversary system of justice

If a defendant answering a complaint admits to the plaintiff's allegations but asserts additional facts that constitute a defense to the complaint, the defendant has asserted:

an affirmative defense

Suppose, before the start of a trial, the judge believes the case should be settled by the parties, rather than go to trial. The judge may:

order the parties to appear at a pretrial settlement hearing

At pretrial conferences, judges often encourage:

parties to attempt to reach an out-of-court settlement

The discovery state in the trial process is intended for the:

parties to obtain information about the facts before the trial starts

A protective order protects the confidentiality of:

documents that a party is required to produce for a court case

A conference between the attorneys and judges held before the trial to simplify issues and plan the course of the trial is known as a:

pretrial conference

A party that is concerned that the information it is required to provide contains confidential information may request a:

protective order

Businesses must maintain company records in a coherent manner so that:

they may be accessed in case of a lawsuit

If the mental or physical condition of a party to a suit is an issue raised by the other party the:

party requesting the order must show a greater need for this information than for other kinds of discovery

The formal statements made to the court by the parties to a case that list their claims and defenses are called:

pleadings

Failure of a business to maintain its company records in such a way that they may be accessed during a lawsuit may result in:

sanctions by the court

Discovery can impose significant costs on businesses, making them more likely to:

settle out of court

A major purpose of pretrial conferences is to:

simplify issues and plan the course of the trial

In contrast to the American system, judges in British court proceedings:

summarize the evidence for the jury before instructing them on the relevant laws

If the parties to a case agree as to the facts of the dispute, before trial, either party may ask the judge to apply the law to those facts and resolve the dispute. This is a request for:

summary judgment

Depositions, written interrogatories, orders for production of documents and requests for admissions are all examples of:

the tools of discovery

Written interrogatories are questions submitted by:

the opposing party

An allegation by the defendant that that the law furnishes no remedy for plaintiff's claimed injury is known as:

a demurrer

If one party to a lawsuit requests the production of documents that would expose a trade secret, the party against whom the request is made may procure the following to ensure the confidentiality of the secret:

a protective order

If a defendant makes a claim against a plaintiff, in response to the plaintiffs complaint against the defendant, the plaintiff responds by providing:

a reply

Information such as medical bills are given to the opposing party in litigation as a result of:

an order for the production of documents

A defendant may make a counterclaim against the plaintiff:

based on the same events the plaintiff bases the complaint on

The _______________ stage of a trial helps to preserve the testimony of witnesses whose memory may fade over time.

discovery

Depositions can be useful in challenging a witness who:

changes his story at the trial

According to the Supreme Court, courts must exclude evidence that is:

contrary to scientific standards

If, in response to a plaintiff's assertions, a defendant asserts that the plaintiff owes the defendant money, the defendant has made a:

counterclaim

The reply in the pleading process is a legal response to the:

counterclaim

If the mental state a party to a suit is an issue raised by the other party the:

court may allow an examination given by specialists of the opposition's choosing

After the initial exchange of pleadings, litigation enters the:

discovery stage

The motion to dismiss for failure to state a claim or cause of action (a demurrer) is an allegation by the:

defendant that the law furnishes no remedy for plaintiff's claimed injury

If a witness is unavailable at the time of trial, his ____________ may be allowed in place of live testimony.

deposition

To begin the litigation process, the plaintiff must first:

determine in which court to bring the action

A protective order:

limits access to material so as to ensure confidentiality

If a party uses an expert witness to assert the existence of harm based on evidence that is contrary to scientific standards the case may be:

ended by summary judgment

According to the Federal Rules of Civil Procedure, a party seeking information must use a discovery tool that:

is not "unduly burdensome" to the other party

As a general rule, judges who are scheduled to have a case tried before them:

may strongly encourage the parties to settle and not have a trial

At the close of discovery, either party may:

move for a summary judgment

Since the physical or mental condition of a party raises many privacy issues, parties requesting an opposing party to submit to an examination:

must show a greater need for the information than for other forms of discovery

The purpose of the pleadings is to:

notify each of the parties of the claims and defenses of each other focus the issues help remove surprise from the resolution of the dispute establish some facts in the case

Suppose both sides in a suit agree about certain facts, so they do not need to be proven at trial. To settle facts about which there is no real dispute, the parties may use:

requests for admissions

Written interrogatories are useful for obtaining information:

that parties have to look up in files or records

If the testimony of an expert witness is critical to a case being made, but the judge rejects the expert testimony as not credible, then, according to the Supreme Court:

the case may be ended by summary judgment

If a party refuses to comply with a court order to produce documents or answer written interrogatories:

the court can find the party in contempt of court, which can result in fines or imprisonment

A case is ready to go to trial after completion of:

the discovery process

After completion of the discovery process the case is ready:

to go to trial

A person is injured in an accident involving a GM car. The person sues GM, claiming the design of the vehicle was defective. They claim that they must ask the president of GM certain questions. The president:

usually will not have to appear at the trial, but may have to give a deposition

Which of the following in not true about expert witnesses and their testimony:

when experts conflict, the testimony of both sides will be stricken

Requests for admissions are:

written requests for an admission of the truth in matters relating to the dispute