Business Law Chapter 3 Quiz 2 Terms – Flashcards
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Writ of Certiorari
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A writ from a higher court asking a lower court for the record of a case.
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Rule of Four
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A rule of the United States Supreme Court under which the Court will not issue a writ of certiorari unless at least four justices approve of the decision to issue the writ.
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Litigation
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The process of resolving a dispute through the court system.
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Pleadings
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Statements mde by the plaintiff and the defendant in a lawsuit that detail the facts, charges, and defenses involved in the litigation. The complaint and answer are part of the pleadings.
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Complaint
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The pleading made by a plaintiff alleging wrongdoing on the part of the defendant; the document that, when filed with a court, initiates a lawsuit.
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Summons
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A document informing a defendant that a legal action has been commenced against her or him and that the defendant must appear in court on a certain date to answer the plaintiff's complaint.
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Default Judgment
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A judgment entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff's claim.
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Answer
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Procedurally, a defendant's response to the plaintiff's complaint.
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Counterclaim
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A claim made by a defendant in a civil lawsuit against the plaintiff. In effect, the defendant is suing the plaintiff.
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Reply
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Procedurally, a plaintiff's response to a defendant's answer.
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Motion to Dismiss
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A pleading in which a defendant asserts that the plaintiff's claim fails to state a cause of action (that is, has no basis in law) or that there are other grounds on which the suit should be dismissed. Although the defendant normally is the party requesting a dismissal, either the plaintiff or the court can also make a motion to dismiss the case.
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Motion for Judgment on the Pleadings
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A motion by either party to a lawsuit at the close of the pleadings requesting the court to decide the issue solely on the pleadings without proceeding to trial. The motion will be granted only if no facts are in dispute.
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Motion for Summary Judgment
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A motion requesting the court to enter a judgment without proceeding to trial. The motion can be based on evidence outside the pleadings and will be granted only if no facts are in dispute.
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Discovery
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A phase int eh litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial.
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Deposition
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The testimony of a party to a lawsuit or a witness taken under oath before a trial.
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Interrogatories
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A series of written questions for which written answers are prepared by a party to a lawsuit, usually with the assistance of the party's attorney, and then signed under oath.
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E-Evidence
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Evidence that consists of computer-generated or electronically recorded information, including e-mail, voice mail, spreadsheets, word-processing documents, and other data.
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Voir Dire
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An Old French phrase meaning "to speak the truth." In legal language, the process in which the attorneys question prospective jurors to learn about their backgrounds, attitudes, biases, and other characteristics that may affect their ability to serve as impartial jurors.
