BUSA 2810 Exam 2

Discovery

The process of obtaining information from the opposing party or from witnesses prior to trial.

True/False: In federal courts, the parties are required to make initial disclosures of relevant evidence to the opposing party.

True

True/False: a court can impose sanctions on a party who fails to respond to discovery requests.

True

Deposition

Sworn testimony by a party to the lawsuit or by witnesses, recorded by an authorized court official.

Impeach

To challenge the credibility of.

Interrogatories

Written questions for which written answers are prepared and then signed under oath.

The main difference between interrogatories and written depositions

Interrogatories are directed to the party of a lawsuit, not to a witness.

Request for admisson

A written request for an admission of the truth.

Requests for documents, objects, and entry upon land

A request to gain access to documents and other items not in their possession for inspection and examination.

Request for examination

When the physical or mental condition of one party is in question, the opposing party can ask the court to order a physical or mental examination by an independent examiner.

Metadata

Data about data. Example: the time a document was created.

Pretrial conference

A meeting prior to trial that consists of an informal discussion between the judge and the opposing attorneys after discovery has taken place.

Seventh Amendment to U.S. Constitution

Guarantees the right to a jury trial for cases at law in federal courts when the amount in controversy exceeds $20.

Voir dire

Jury selection process

Opening statements

At the beginning of the trial where both attorneys are allowed to make statements setting forth the facts that they expect to prove during the trial.

Rules of evidence

A series of rules that the courts have created to ensure that any evidence presented during a trial is fair and reliable.

Relevant Evidence

Evidence that tends to prove or disprove a fact in question or to establish the degree of probability of a fact or action.

Heresay

Testimony someone gives in court about a statement made by someone else who was not under oath.

Direct examination

The examination of a witness by the attorney who calls the witness to the stand at trial to testify on behalf of the attorney’s client.

Cross-examination

The questioning of an opposing witness during a trial.

Expert witness

A person who, by virtue of education, training, skill, or experience, has scientific, technical, or other specialized knowledge in a particular area beyond that of an average person.

Motion for a judgement as a matter of law

A party’s request that the judge enter a judgement in their favor before the case is submitted to a jury because the other party has not presented sufficient evidence to support the claim.

AKA Motion for a directed verdict in state court.

Rebuttal

The refutation of evidence introduced by an adverse party’s attorney.

Rejoinder

The defendant’s answer to the plaintiff’s rebuttal.

Closing argument

Each attorney summarizes the facts and evidence presented during the trial and indicates why the facts and evidence support the client’s claim.

Verdict

Specifies the jury’s factual findings; the final decision.

Motion for judgement 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 verdict against them was unreasonable erroneous.

Brief

A formal legal document submitted to an appellate court when a case is appealed.

Appellate review

The review of the record for errors of law.

Writ of execution

An order directing the sheriff to seize and sell the defendant’s nonexempt assets, or property (certain assets are exempted by law from such actions).

Alternative Dispute Resolution (ADR)

The resolution of disputes in ways other than those involved in the traditional judicial process.

Negotiation

When parties attempt to settle their dispute informally, with or without attorneys to represent them,

Mediation

A neutral third party acts as a mediator and works with both sides in the dispute to facilitate a resolution.

Arbitration

The settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a decision.

Award

The arbitrator’s decision.

Arbitration clause

A clause in a contract that provides that, in the event of a dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court.

Mini-trial

Each party’s attorney briefly argues the party’s case before the other party and a panel of representatives from each side who have the authority to settle the dispute.

Summary jury trials

Parties present their arguments and evidence and the jury renders a verdict.

Online Dispute Resolution

The resolution of disputes with the assistance of organizations that offer dispute-resolution services via the Internet.

online dispute resolution

The resolution of disputes with the assistance of organizations that offer dispute-resolution services via the Internet.

Sovereignty

The quality of having independent authority over a geographic area.

Police power

Powers possessed by states as part of their inherent sovereignty.

Privileges and immunities clause

A clause in Article IV, Section 2, of the U.S. Constitution that requires states not to discriminate against one another’s citizens.

Full Faith and Credit Clause

The clause ensures that rights established under deeds, wills, contracts, and the like in one state will be honored by the other states and that any judicial decision with respect to such property rights will be honored and enforced in all states.

Commerce clause

Gives Congress the power to regulate interstate commerce.

“Dormant” Commerce Clause

An implied constitutional doctrine that stops states from passing laws that discriminate against or unduly burden interstate commerce, even when Congress has not passed any federal laws on the subject.

Supremacy clause

Provides that the Constitution, laws, and treaties of the United States are “the supreme Law of the Land.”

Preemption

A valid federal statute or regulation will take precedence over a conflicting state or local law or regulation on the same general subject.