Business Law - Chapter 3

contempt of court

A party can find themselves in _______________ _________ ______________ if they refuse to comply with the courts orders. They can be fined or put in jail.

deposition

A principal discovery tool is the _____________________, -the sworn, in-person testimony of a witness recorded by a court reporter

affirmative defense

Called an __________________ __________________, the defendant admits to the facts claimed by the plaintiff but offers additional facts he asserts constitutes a defense-a legal excuse- to the plaintiff's complaint.

interrogatories

Written ___________________ are questions submitted by a party to a case to the other party, or a witness, or another person with relevant information.

summons

A paper given to the defendant to notify them of upcoming litigation.

motion to dismiss

A _________________ ________ ____________________ by the defendant asks the court to dismiss the case because it does not have jurisdiction over either the subject matter of the dispute or the defendan'ts person.

motion to dismiss for failure to state a claim

A __________________ ____ ______________ __________ _______________ __ ___________ ___ ____________ or demurrer, is an assertion that even if the facts that are asserted are true , the injury claimed by the plaintiff is one for which the law furnishes no remedy.

plaintiff, complaint, defendant, counter-complaint

A case begins by the _________________ filing a(n) _________________ against the _____________________ who may have claims and files a(n) ______________________

counterclaim

A defendant asserting a complaint to the plaintiff is known as a __________________________.

adversary system of justice

A distinctive element of our judicial system that requires the parties to represent themselves , usually through their lawyers, and to argue their positions before a neutral court is called a(n) ___________________ __________________ ____ __________________.

trial

After discovery is complete, if there has been no dismissal, summary judgment or settlement, the dispute is set for _____________________.

complaint

Another word for a pleading is a _________________.

demurrer

Another word for motion to dismiss for failure to state a claim is _____________________.

summary judgment

At the close of discovery, either party may move for a ____________________ _______________. This shall be rendered....if the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.

permanent injunction

If a court issues an order of indefinite length to a party, instructing them to do something or not to do something, its is called a(n) _________________ ___________________.

protective order

If a trade secret or other confidential information is involved, a company can get a ___________________ ______________ that limits access to the material so as to ensure confidentiality.

default judgment

If one of the parties does not comply with a court order, the requesting party can make a motion to the judge to require compliance. If they still refuse, the court can issue a _____________ ___________________ granting victory to the other party, or find the noncomplying party in contempt of court and order the party to jail or to impose a fine.

D) Barabin's expert witness was not determined by the trial judge to be qualified to testify, so the jury determination would be thrown out in favor of a new trial

In Barabin vs. AstenJohnson, Inc. the appeals court held that: A) Barabin's attorney failed to file motions properly on time, so Barabin lost his right to sue AstinJohnson B) AstenJohnson would be filed one million for failure to respond in a timely manner to documents properly requested by Barabin. C) AstenJohnson's request for numerous depositions were not justified, they were an attempt to run up on the costs on Barabin. D) Barabin's expert witness was not determined by the trial judge to be qualified to testify, so the jury determination would be thrown out in favor of a new trial

C) A preliminary injunction against Cahill's solicitation of other employees would be granted

In the Pre-Paid Legal Services, Inc. vs. Cahill case, where Cahill was soliciting other sales representatives from the company to go with him to another company; the court held that A) It would violate freedom of speech to prevent Cahill from talking to other PPLSI employees about possible alternative employment B) Cahill was liable for damages to PPLSI for lost sales as a result of his recruiting away top sales representatives. C) A preliminary injunction against Cahill's solicitation of other employees would be granted D) A preliminary injunction against Cahill's solicitation of other employees would not be proper, but a temporary restraining order prior to the trial would be granted.

answer

In this pleading called an ____________________, the defendant is responding to the allegations made by the plaintiff. The defendant will admit, deny, or say that he does not know the truth with respect to each assertion by the plaintiff.

deposition

Sworn, in-person testimony of a witness recorded by a court reporter is called a (n) _____________________.

service of process

The _________________ ____ _________________ is the process used by the plaintiff to notify the defendant. The defendant is given a summons and a copy of the complaint.

pleading

The first _________________________ (also known as complaint) is filed by the plaintiff. In it, the plaintiff must state the basis of the court's subject-matter jurisdiction and jurisdiction over the parties in the dispute.

discovery

The process of obtaining information is known as __________________.

voir dire, challenge

The process used to select members of a jury is __________________ _________________, an attorney may have the right to _________________ the selection of a person to the jury.

False

True or False A party may not demand a physical examination of an opposing party in any legal proceeding due to a constitutional protection of personal privacy.

True

True or False After a jury returns a verdict, the losing party may ask the judge to overturn this verdict by granting a motion for judgment as a matter of law.

False

True or False In the Naples vs. Keystone Building case, the court issued a temporary restraining order against Keystone instructing it to stop harassing the Naples.

False

True or False Parties are not allowed to see "critical documents" that support an argument being made by the opposition in a case.