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48 Terms
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DEPOSITION
sworn, credibility of witness recorded testimony
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INTERROGATORIES
Method by which opposing parties answer written questions under oath
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DISCOVERY
obtain information from each other
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Opening Statement
the first statement made by the plaintiff at trial
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Examination of Witness
Defendant can cross-examine (disprove)
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REQUEST DOCUMENTS
medical and mental examinations, property inspections
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Motion For directed verdict
rare motion made during trial
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FILE COMPLAINT
formally notified as 'plaintiff' - admit or deny
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FILE ANSWER
'30 DAYS' to respond to complaint
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counterclaim
failure to respond can lead to a default judgment
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LONG ARMS STATUTE
permits states to have jurisdiction over nonresident defendants
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STATUS CONFERENCE
if plaintiff wins, jury decides amount of the monetary award
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VERDICT and AWARD
decides amount of compensation granted
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VOIR DIRE
decide whether the juror has bias, conflict of interest, or connections to case
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VENUE
Civil case: typically where defendant resides; Criminal case: typically where crime occurred
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PRETRIAL MOTIONS
Resolution of disputes on the pleadings
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JURISDICTION
you must have jurisdiction in ways other than those involved in the traditional judicial process
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STATE COURT SYSTEMS
Superior, Appellate, Supreme
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FEDERAL COURT SYSTEMS
District, Appellate, Supreme
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Mediation
settle case without going to trial using a neutral third party
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Arbitration
uses an arbitrator to hear and decide on the dispute; can be binding or nonbinding
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PRETRIAL CONFERENCE
identify disputed issues, parties present opening arguments, and ask for specific remedies
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STANDING TO SUE
plaintiff must have enough 'stake'/damages upon themselves in order to seek relief in court
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Supremacy Clause
The constitutional provision that establishes federal law as the supreme law of the land.
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Federal Powers
Powers that are granted to the federal government by the Constitution.
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State vs Federal Powers
The ongoing conflict regarding the balance of power between state governments and the federal government.
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First 10 Amendments
Also known as the Bill of Rights, these amendments provide constitutional protection of individual rights.
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14th Amendment
An amendment that prohibits states from depriving any person of life, liberty, or property without due process of law.
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Recusal
The act of a judge removing themselves from a case due to personal involvement.
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Commercial Speech
Speech that promotes commercial interests and can be restricted under certain conditions.
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Establishment Clause
The clause in the First Amendment that prohibits the government from endorsing one religion over another.
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Commerce Clause
The clause that grants Congress the power to regulate interstate commerce.
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Threatening Speech
Speech that advocates violence, which can lead to government interference.
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Checks and Balances
A system that ensures no one branch of government becomes too powerful.
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5th Amendment
An amendment that provides for due process and protects against self-incrimination.
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Equal Protection Clause
A clause in the 14th Amendment that requires states to treat individuals equally under the law.
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Privacy Laws
Laws that protect personal information and the right to privacy.
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Triple Bottom Line
A framework that considers social, environmental, and economic impacts in business decisions.
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Common Law
Law that is developed through court decisions rather than through statutes.
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Equitable Remedies
Court-ordered actions that require a party to act or refrain from acting in a certain way.
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Statutory Law
Laws that are enacted by legislative bodies, such as Congress.
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Human Rights
Basic rights and freedoms that belong to every person, often violated for profit.
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Social Responsibility
The obligation of businesses to act in the best interests of their environment and society.
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Minimum Ethics in Business
The basic ethical standards that businesses should adhere to, including following the law.
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Product Liability
The legal responsibility of manufacturers and sellers to ensure their products are safe.
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Environmental Law
Laws that regulate the impact of human activities on the environment.
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