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Stack #569505
Chapter 4
| Question | Answer |
|---|---|
| Alternative Dispute Resolution | Resolving disputes without litigation |
| Negotiation | The parties discuss the issue and try to reach a voluntary settlement |
| Arbitration | The parties choose an impartial third party to decide |
| Meditation | A neutral third party is used to mediate a dispute |
| Answer | The defendants written response to a plaintiffs complaint that is filed with the court and served on the plaintiff |
| Burden of Proof | Persuade the trier of fact of the merits of the case |
| Closing argument | The conclusion of the presentation of the evidence, when each attorney tries to convince the jury of the case |
| Complaint | A document that the plaintiff files with the court to initiate a lawsuite |
| Cross-Examination | After the evidence has been introduced to each witness and the questions have been asked the defendant can question the witness |
| Default Judgment | When the defendant does not answer a complaint |
| Direct Examination | The plaintiff's attorney calls witness to give testimony. After a witness has been sworn in, the plaintiffs attorney examines the witness |
| Redirect Examination | The defendant's attorney can ask questions only about the subjects that were brought up during the direct examination. After the defendant's attorney completes his or her questions the plaintiff's attorney gets his chance to ask questions |
| 4 Major Forms of Discovery | Deposition, Interrogatories, Productions of documents, Physical or mental examination |
| Deposition | A oral testimony by party or witness before trial that is under oath and transcribed |
| Interrogatories | Written questions submitted by one party to the other. The questions then must be answered also in writing within a certain time frame |
| Productions of Documents | A request by one party to the other to hand over all of the relevant material for the case before trial |
| Physical or Mental Examination | A court ordered examination of a party before trial to find out the extent of alleged injuries |
| Opening Statement | When each parties attorney summarizes the case to the jury and explains their position on the case |
| Pleading | The major paperwork that is filed with the court to initiate and respond to a lawsuit |
| 4 Major Pleadings | Complaint, Answer, Cross-Complaint, and the Reply |
| Rebuttal | After the defendant has finished calling witnesses the plaintiffs attorney can call a witness and bring evidence to contradict the defendants |
| Sequestered (Jury) | When a juror is separated from family, friends etc in important cases |
| Statutes of limitations | A statute that puts a time limit on when the plaintiff can bring a lawsuit against the defendant |
| Voir dire | When the potential jurors are asked questions by the judge and attorneys to determine whether they are biased or not |
Created by:
monsterdog
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