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Bus Law chapter 3
Terms in this set (27)
Considerations before trial
alternatives to settling the dispute without going to court, cost of court, the long drawn out process of court.
Motion to dismiss
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 like not state a claim for which relief can be granted. 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.
motion to strike
A motion filied by the defendant in which the defendant asks the court to strike from the complaint certain of the paragraphs contained in the complaint. Motions to strike help to clarify the underlying issues that form the basis for the complaint by removing paragraphs that are redundant or irrelevant to the action.
Motion to make more definite and certain
A motion filed by the defendant to compel the plaintiff to clarify the basis of the plaintiff's cause of action. The motion is filed when the defendant believes that the complaint is too vague or ambiguous for the defendant to respond to it in a meaningful way.
Motion for judgement on the pleadings
A motion that may be filed by either party in which the party ask the court to enter a judgement in his or her favor based on information contained in the pleadings. A judgement on the pleadings will only be made if there are no facts in dispute and the only question is how the law applies to a set of undisputed facts.
Motion to compel discovery
A motion that may be filed by either party in which the party asks the court to compel the other party to comply with a discovery request. If a party refuses to allow the opponent to inspect and copy certain documents, for example, the party requesting the documents may make a motion to compel production of the documents
Motion for summary Judgement
A motion that may be filed by either party in which the party asks the court to enter judgment in his or her favor without a trial. Unlike a motion for judgment on the pleadings, a motin for summary judgment can be supported by evidence outside the pleadings, such as witnesses' affidavits, answers to interrogatories, and other evidence obtained prior to or durin discovery.
sworn statements by parties or witnesses or documents (a contract)
is sworn testimony by a party to the lawsuit or by any witness, recorded by an authorized court official.
1. statement alleging jurisdictional facts
2. statement asking for a specific remedy
3. statement of facts entitloing the complainant to relief.
-Must be filed with a court that has jurisdiction and venue. and must be served with a summons to the defendant
(law) compulsory pretrial disclosure of documents relevant to a case
Cris serves a complaint on dru, who files a motion to dismiss. If the motion is denied
Dru will be given time to file another response.
jill and Ken are involved in an automobile accident. Lyle is a passenger in Ken's car. Jill wants to ask Lyle, as a witness, some questions concerning the accident. Lyle's answers to the questions are given in
An important part of the discovery process is a deposition, which is sworn testimony. Interrogatories are a series of written questions for which written answers are prepared and signed under oath by the plaintiff or defendant. A pretrial conference involves the plaintiff, the defendant, their attorneys, and judge.
Ron files a suit against Sal. At the trial, after Ron calls and questions Tim
Sal questions Tim.
During jury selection attorney's from both sides may challenge prospective jurors for cause or no cause
setting forth the facts they expect to prove during the trial
Rules of evidence
1. Must be relevant to the issues.
2. Hearsay evidence not admissible
Direct examination vs cross examination
plantiff's attorney calls the first witness and questions them.
-Cross is when the same witness is questioned by the other attorney for the other side.
preponderance of the evidence
plantiff just has to show that their factual claim is more true then the defendants
Motion for a new trial
A motion asserting that the trial was so fundamentally flawed (because of error, newly discovered evidence, prejudice, or another reason) that a new trial is necessary to prevent a miscarriage of justice.
Motion for judgment N.O.V.
A motion requesting the court to grant judgment in favor of the party making the motion on the ground that the jury's verdict against him or her was unreasonable and erroneous.
a document stating the facts and points of law of a client's case
Either party may appeal
1. Filing the appeal - must file a notice of appeal with the clerk of the trial court. Who forwards to the appellate court. Attorney's must file appellate briefs.
2. Appellate review- the appellate court does no hear evidence but bases its opinion, on the appeal, and attorney's briefs and arguements.
-The court may affirm, reverse all or part of the trial courts judgement, or remand the case for further review
Writ of execution
a routine court order that attempts to enforce the judgment that has been granted to a plaintiff by authorizing a sheriff to carry it out
(law) a conference held before the trial begins to bring the parties together to outline discovery proceedings and to define the issues to be tried
(law) a pleading made by a defendant in response to the plaintiff's rebuttal.
(law) a pleading by the defendant in reply to a plaintiff's surrejoinder. a rebuttal can include additional evidence to refute defendants case
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