Legal Environment of Business Exam 2 Review

Flashcard maker : Lily Taylor
Directed Verdict
Is permissible only if the evidence so clearly favors the defendant that reasonable minds could not disagree on it.
Mediation vs Arbitration
Mediation a form of ADR is the fastest growing method of dispute resolution in the U.S. The neutral Mediator attempts to coax the two disputing parties. Some times there is two or more mediators A Mediator does not render a decision in the dispute bus uses skills to prod the parties toward agreement. Win-win potential.
Arbitration another form of ADR, the parties agree to bring a neutral third party. But, with major differences The arbitrator has the power to impose an award. Allows each party time to present its case. Unlike Mediators, Arbitration ensures that there will be a final result, although the parties lose control of the outcome.
Jurisdiction
Refers to a courts power to hear a case.
Federal Questions Cases
A claim based on the United States Constitution, a federal statute, or a federal treaty.
Process of Civil Cases
opening statement, presentation of plaintiffs case, motion for directed verdict, present of defendant’s case, Rebuttals, closing arguments, instructions to jury, Verdict, Post-trial motions, Judgment and execution, Appeal.
Discovery Methods
1. Interrogatories. These are written questions that the opposing party must answer.
2. Depositions. These provide a chance for one party’s lawyer to question the other party, or potential witness.
3. Production of Documents and things. Each side may ask the other side to produce relevant documents for inspection and coping to produce physical objects.
4. Physical and Mental examination. A party may ask the court to order an examination of the other party. If his physical or mental condition is relevant.
5. Requests for admission. Either party can insist that the opposing party admit or deny certain facts, to avoid wasting time on points not in dispute.
Hierarchy of Court Systems (State and Federal)
State Courts, Most court cases in the U.S. are heard by this level of courts, the typical state court system forms a pyramid.
Federal Courts, are established by the United States Constitution, which limits what kind of cases can be brought in any federal court.
Jury
can only decide a case based on the evidence presented to it.
Jury Decisions
The judge tells the jury that they are to elevate the case based only on the evidence they hear at trial, relying on their own experience and common sense.
Appellate Courts
Generally accept the facts given to them by trial courts and review the trail record to see if the court made errors or law.
Default Judgment
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.
Summary Judgment
Is a ruling by the court that no trial is necessary because there are no essential facts in dispute.
Alternative Dispute Resolution
Any other formal or informal process used to settle disputes without resorting to a trial.
Burden of Proof (Civil vs Criminal)
Burden of proof. In a civil lawsuit, a plaintiff wins with a mere preponderance of the evidence. But the prosecution must persuade a jury beyond a reasonable doubt in order to win a criminal conviction.
Legal Systems in the U.S
Local, state, and federal
Plaintiff vs Defendant
Plaintiff is the person that brings the case to the court and the defendant is the person being tried in the case
Interrogatories
These are written questions that the opposing party must answer, in writing, under oath.

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