Business Law - Chapter 5: Court Procedures

Procedural Rules

Rules governing court procedures; they vary by state, while federal civil trials follow the Federal Rules of Civil Procedure.

Three Stages of Litigation

Pretrial, trial, and post-trial.

Fixed Fee

A set amount charged for simple, repeatable legal work, such as drafting a will.

Hourly Fee

A fee based on the actual time an attorney spends working; the most common fee structure.

Contingency Fee

A percentage of the plaintiff's recovery; the attorney is paid only if the plaintiff wins.

Pretrial

The stage where most of the work in a case occurs before trial; includes pleadings, discovery, pretrial conference, and jury selection.

Pleadings

Formal documents filed by the parties that explain their claims and defenses.

Complaint

The plaintiff's filing that starts a lawsuit.

Three Parts of a Complaint

Jurisdiction, legal theory, and remedy.

Service of Process

Delivery of the complaint to the defendant.

Answer

The defendant's response to the plaintiff's complaint; failing to file one can result in default judgment.

Counterclaim

A claim made by the defendant against the plaintiff.

Reply

The plaintiff's response to a counterclaim.

Motion to Dismiss

A request for the court to throw out a case for a specific reason, such as lack of jurisdiction or failure to state a claim.

Failure to State a Claim

A situation where the complaint does not provide a legally valid basis for relief.

Judgment on the Pleadings

A request for judgment based only on the pleadings when no facts are in dispute.

Summary Judgment

A request for judgment without a trial when only questions of law remain; outside evidence may be considered.

Discovery

The process of obtaining information from the opposing party before trial.

Purpose of Discovery

To prepare for trial, avoid surprises, and encourage settlement.

Relevant Information

Information that relates to the case and may be obtained during discovery.

Privileged Information

Information protected from disclosure during discovery.

Depositions

Discovery method where witnesses or parties give testimony before trial.

Interrogatories

Written questions used to obtain information from the opposing party.

Requests for Admission

Requests asking the opposing party to admit or deny specific facts.

Requests for Documents, Objects, and Inspections

Discovery requests requiring access to documents, objects, or places relevant to the case.

Requests for Examination

Discovery requests allowing examination of a person when permitted by the rules.

E-Discovery

Discovery involving electronically stored information.

Pretrial Conference

A meeting between attorneys and the judge before trial, usually after discovery.

Purposes of Pretrial Conference

Explore a final settlement, identify issues in dispute, set ground rules, and confirm the trial date.

Jury Selection

The process of choosing jurors for a trial.

Seventh Amendment

Guarantees the right to a jury trial in applicable civil cases; the right can be waived if both parties agree.

Voir Dire

The process of selecting and questioning potential jurors.

Peremptory Challenge

A challenge used to dismiss a potential juror without giving a reason.

Challenge for Cause

A request to dismiss a potential juror for a specific reason, such as bias.

Trial

The stage of litigation involving opening statements, evidence, motions, closing arguments, jury instructions, and a verdict.

Opening Statements

The attorneys' initial statements explaining their case to the jury.

Relevant Evidence

Evidence that tends to prove or disprove a fact in question.

Expert Witness

A witness qualified to provide specialized knowledge or expertise as testimony.

Closing Arguments

The attorneys' final arguments summarizing their case after evidence has been presented.

Civil Burden of Proof

Preponderance of the evidence.

Preponderance of the Evidence

The standard of proof in civil cases; the evidence must support one side as more likely true.

Verdict

The jury's decision in a case.

Appeal

A request by the losing party for a higher court to review the case.

Trial Record

The evidence and proceedings from the trial that the appellate court reviews.

Affirm

An appellate court decision that leaves the lower court's decision in place.

Reverse

An appellate court decision that overturns the lower court's decision.

Remand

An appellate court sends a case back to the lower court for further action.

Modify

An appellate court changes part of the lower court's decision.

Enforcing a Judgment

The process of collecting what the court awarded after a judgment.

Writ of Execution

A court order allowing the sheriff to seize and sell the defendant's assets to satisfy a judgment.

Settlement

A resolution agreed upon by the parties instead of continuing through trial.

Litigation

Formal process of resolving a dispute through the court system.

Motion

A formal request asking the court to take a specific action.

Sample Question: Motion to Dismiss

Shippers Warehouse's motion to dismiss asserts that even if the facts in the complaint are true, the defendant is not liable.

Sample Question: Complaint

Radiant Supply's complaint should include facts necessary to show that the plaintiff is legally entitled to a remedy.

Sample Question: Discovery

Barge Company and Cove Harbor can obtain information through depositions and other discovery tools.

Sample Question: Relevant Evidence

Relevant evidence tends to prove or disprove a fact in question; the sample question's answer is all of the choices.

Sample Question: Deposition

A deposition can be used to impeach a party or witness who changes their testimony at trial.