1. Chapter 4

2.  Litigation: The process of bringing, maintaining, and defending a lawsuit  Pretrial litigation process can be divided into:  Pleadings  Discovery  Pretrial judgments  Settlement conference 4-2 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

3.  The paperwork that is filed with the court to initiate and respond to a lawsuit  Plaintiff: The party who files a complaint  Summons: A court order that directs the defendant to appear in court and answer the complaint 4-3 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

4. 4-4 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. Type of PleadingDescription Complaint The document a plaintiff files with the court and serves on the defendant to initiate a lawsuit Answer The defendant’s written response to a plaintiff’s complaint that is filed with the court and served on the plaintiff Cross-complaint A document filed by the defendant against the plaintiff to seek damages or some other remedy Reply A document filed by the original plaintiff to answer the defendant’s cross-complaint

5. 4-5 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

6. 4-6 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. The act of other parties to join as parties to an existing lawsuit Intervention The act of a court to combine two or more separate lawsuits into one lawsuit Consolidation

7.  A lawsuit where a group of plaintiffs with common claims collectively bring a lawsuit against a defendant  To maintain a class action lawsuit  A class must be certified by the appropriate federal or state court  After a court certifies a class  Notice of the class action must be sent, published, or broadcast to class members 4-7 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

8.  A statute that establishes the period during which a plaintiff must bring a lawsuit against a defendant  If a lawsuit is not filed within this time period, the plaintiff loses his or her right to sue 4-8 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

9.  A legal process during which both parties engage in various activities to discover facts of the case from the other party and from witnesses prior to trial  Major forms of discovery  Depositions  Interrogatories  Production of documents  Physical and mental examinations 4-9 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

10. TypeDescription DepositionOral testimony given by a deponent, either a party or witness. Depositions are transcribed. InterrogatoriesWritten questions submitted by one party to the other party of a lawsuit. They must be answered within a specified period of time. Production of documents Copies of all relevant documents obtained by a party to a lawsuit from another party upon order of the court. Physical or mental examination Court-ordered examination of a party where injuries are alleged that could be verified or disputed by such examination. 4-10 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

11.  A motion a party can make to try to dispose of all or part of a lawsuit prior to trial  Motion for judgment on the pleadings: A motion that alleges that if all the facts presented in the pleadings are taken as true  The party making the motion would win the lawsuit when the proper law is applied to these asserted facts 4-11 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

12.  A motion which asserts that:  There are no factual disputes to be decided by the jury  The judge can apply the proper law to the undisputed facts and decide the case without a jury  These motions are supported by affidavits, documents, and deposition testimony 4-12 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

13.  A hearing before a trial in order to facilitate the settlement of a case  If there is no settlement  The pretrial hearing is used to identify major issues 4-13 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

14.  Pursuant to the Seventh Amendment to the U.S. Constitution  A party to a civil action at law is guaranteed the right to a jury trial in a case in federal court  Trier of fact: The jury in a jury trial  The judge where there is not a jury trial 4-14 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

15.  Voir dire: The process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions  After selection, the jury is impaneled to hear the case  Alternative jurors are usually also selected  A jury can be sequestered in important cases 4-15 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

16.  An attorney from each party  Summarizes the main factual and legal issues of the case  Describes why the client’s position is valid  The plaintiff’s case  Plaintiff bears the burden of proof  Direct examination – plaintiff’s attorney examines the witness  Cross-examination – defendant’s attorney can question the witness ▪ Re-direct examination 4-16 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

17.  The defendant’s case must  Rebut the plaintiff’s evidence  Prove any affirmative defenses asserted by the defendant  Prove any allegations contained in the defendant’s cross- complaint  Rebuttal and rejoinder  Rebuttal – plaintiff’s attorney calls witnesses and puts forth evidence to rebut the defendant’s case  Rejoinder – defendant’s attorney counters the rebuttal 4-17 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

18.  Made by each party’s attorney to the jury  Jury instructions, deliberation, and verdict  Jury instructions: Instructions that the judge gives to the jury that inform jurors of the law to be applied in the case  Jury deliberation – Jury retires to consider the evidence and reach a verdict 4-18 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

19.  Official decision of the court  Judgment notwithstanding the verdict  The court overturns the verdict if it finds bias or jury misconduct  Remittitur  The judge reduces the amount of monetary damages awarded by the jury  Written memorandum  Sets forth the reasons for the judgment 4-19 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

20.  The act of asking an appellate court to overturn a decision after the trial court’s final judgment has been entered  Appellant: The appealing party in an appeal  Appellee: The responding party in an appeal  An appellate court will reverse a lower court decision if it finds an error of law in the record 4-20 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

21. 4-21 Negotiation Arbitration Mediation Mini-trial Fact-finding Judicial referee Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

22.  A procedure whereby the parties to a dispute engage in discussions and bargaining to try to reach a voluntary settlement of their dispute  A settlement agreement is drafted that contains the terms of the agreement 4-22 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

23.  A form of ADR in which the parties choose an impartial third party to hear and decide the dispute  Federal Arbitration Act: A federal statute that provides for the enforcement of most arbitration agreements  Binding arbitration – Parties agree in advance to be bound by the arbitrator’s decision and remedy  Nonbinding arbitration – The decision and award of the arbitrator can be appealed to the courts 4-23 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

24.  A form of alternative dispute resolution in which the parties use a mediator to propose a settlement of their dispute  If the parties agree to a settlement, a settlement agreement is drafted that expresses their agreement  If an agreement is not reached, the parties may proceed to a judicial resolution of their case 4-24 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

25.  A voluntary private proceeding in which lawyers for each side present a shortened version of their case to the representatives of both sides  Fact-finding  The parties to a dispute employ a neutral third party to act as a fact-finder to investigate the dispute 4-25 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

26.  The court appoints a judicial referee to conduct a private trial and render a judgment  Referees have most of the same powers as trial judges  Referees’ decisions stand as judgments of the court 4-26 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

27. 4-27 Key WordDescription Electronic court (e-court)A court that either mandates or permits the electronic filing of pleadings, briefs, and other documents related to a lawsuit E-dispute resolutionThe use of online alternative dispute resolution services to resolve a dispute Electronic arbitrationThe arbitration of a dispute using online arbitration services Electronic mediationThe mediation of a dispute using online mediation services Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

28. 4-28 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.