Business Law Text and Cases Chapter 3 – Flashcards
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Answer
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The defenses response to a complaint takes the form of an answer.
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Closing Argument
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An argument made after the plaintiff and defendant have rested their cases. Closing arguments are made prior to the jury charges.
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Complaint
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a pleading describing some wrong or offense.
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Cross-examination
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The interrogation of a witness by the opposing party
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Default Judgement
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A decision that the plaintiff wins without a trial because the defendant failed to answer in time.
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Deposition
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(law) a pretrial interrogation of a witness.
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Direct Examination
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The initial questioning of a witness by the party that called the witness.
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Discovery
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A phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial.
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E-evidence
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A type of evidence that consists of computer-generated or electronically recorded information, including e-mail, voice mail and other computer related information.
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Interrogations
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written or verbal questions opposing party must answer under oath, used a discovery tool
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Motion
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A formal request for the court to take a particular action.
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Motion for Directed Verdict
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In a jury trial, a motion for the judge to take the decision out of the hands of the jury and to direct a verdict for the party who filed the motion on the ground that the other party has not produced sufficient evidence to support her or his claim.
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Motion For Judgement (n.o.v.)
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A motion by either party to a lawsuit at the close of the pleading 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 Judgement on The Pleadings
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Same as n.o.v. A motion by either party to a lawsuit at the close of the pleading 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 Summery Judgement
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is a motion which may be filed by any party asking for a judgment based on the affidavits (written statement under oath) and other sworn evidance uncovered during discovery A court must find that there is no genuine issue of material important fact in the case in order to grant a motion for summary judgment.
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Opening Statement
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Made at the beginning of a trail. The opening statements are provided by both attorneys to give an overview of what they plan to present during the trial.
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Pleadings
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Statements made 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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Service of Process
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Formally notifying the defendant of a lawsuit (summons).
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Summons
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A formal notice from the court ordering the defendant to appear in court or to answer a complaint in a timely manner.
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Verdict
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A decision or judgment.
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Voir Dire
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A process by which the judge and the lawyers in a case select jurors for the trial.
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Writ of Execution
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A writ to carry out a court order, usually arising from a judgment.
