MGT 340 Exam 2

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Civil Trial Process

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Management

126 Terms

1

Civil Trial Process

a dispute resolution process where the parties take advantage of a court system

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2

Prelitigation

before getting involved in a lawsuit, before filing a complaint after the event has happened, informal resolution or draft a demand letter, must consider statute of limitations

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3

Standing to Sue

a legal right to be in court, sufficient enough interest in the outcome of the case to justify being in court, showing proof of damage

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4

Pleading Stage

documents filed by parties with the court in the court record

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5

Complaint

official beginning of involvement in litigation, filed by the plaintiff

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6

Complaint identification

indentify the parties, plaintiffs, and defendants

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7

Statement on Jurisdiction

why the lawsuit was filed in the specific court

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8

Basis of Action

alleged facts, fairly minimum, who, what, where, and when

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9

Prayer for Relief

what you want out of the lawsuit, compensation

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10

Summons

issued by the court clerk, informs the defendant they are being sued, served by constable or sheriff

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11

Answer

filed by the defendant, preserves defenses

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12

Counterclaim

defendant countersues the plaintiff, both parties now have burden of proof

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13

Cross Claim

two named defendants start asserting claims against each other, a separate plead

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14

Third Party Complaint

unnamed party is brought into the lawsuit, separate pleading

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15

Failure to respond to summons

20 days to respond in KY, default judgement against the defendant

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16

Motion

one side asks the court for some form of relief, normally when a judge becomes aware of the lawsuit

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17

Discovery

the exchange of information, primary gathering stage, required

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18

Purpose of discovery

free flow of information if relevant to the case at hand

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19

What are Interrogatories?

Written questions answered under oath.

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20

Who can respond to Interrogatories?

Only parties to a case.

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21

How long do parties have to respond to Interrogatories?

30 days.

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22

What are Request for Documents?

Written requests for relevant documents.

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23

Who can respond to Request for Documents?

Only parties to a case.

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24

How long do parties have to respond to Request for Documents?

30 days.

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25

What are Admissions?

Paper transactions to admit or deny facts.

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26

Who can participate in Admissions?

Only parties to a case.

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27

What are IME's?

Independent medical exams.

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28

Who can require an IME?

The other party.

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29

What are the benefits of discovery?

Preserves testimony, reduces perjury, promotes settlement, defines issues, prevents surprises.

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30

What happens during a Pretrial Conference?

Discovery deadlines are set, trial date is requested.

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31

Who attends a Pretrial Conference?

Counsel of both sides, not the parties.

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32

What is Voir Dire?

Questioning of potential jury members.

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33

What is Strike/Challenge For Cause?

Dismissing a potential juror for bias.

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34

What is Peremptory Strike/Challenge?

Dismissing a potential juror without reason.

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35

What happens during Opening Statements?

Each side declares what they hope to prove.

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36

What is the Burden of Proof in a civil case?

On the plaintiff.

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37

What happens during Closing Statements?

Defendant followed by the plaintiff, limited to trial evidence.

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38

How many jurors are needed for a verdict in a civil case?

9 out of 12.

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39

What is ADR?

Alternative Dispute Resolution.

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40

What is arbitration?

Procedure where a third party makes a binding decision.

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41

What are the advantages of arbitration?

Cost-effective, private, quicker than litigation.

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42

What are the disadvantages of arbitration?

More contentious, not bound by rules of discovery.

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43

What is mediation?

Neutral third party helps parties reach an agreement.

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44

What are the advantages of mediation?

Less costly, easier to preserve relationships.

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45

What are the pros of arbitration?

Cost, time, privacy, preservation of relationships.

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46

What are the cons of arbitration?

No case law created.

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47

Can arbitration be used instead of traditional litigation?

Yes.

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48

What is business ethics?

Awareness of right or wrong in the workplace.

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49

Who are stakeholders?

Those affected by a business's actions.

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50

What are primary stakeholders?

Those directly impacted by a business.

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51

What are secondary stakeholders?

Those indirectly impacted by a business.

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52

Is everything legal ethical?

No.

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53

How does management influence ethical culture?

By valuing whistleblowers and creating an ethical culture.

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54

What are the categories of ethical dilemmas?

False pretense, conflict of interest, hiding/divulging information, taking unfair advantage.

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55

What is the principles-based approach to ethical decision making?

Using established guidelines and principles.

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56

What is the consequences-based approach to ethical decision making?

Focusing on the outcome and choosing the best solution.

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57

What is values management?

Prioritizing moral values and aligning behaviors with them.

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58

What are the advantages of ethical entities?

Stronger teamwork, increased productivity, clarity in operations, stronger public image, better adaptability

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59

What are the traits of ethical entities?

Ethical management, addressing unethical behavior, trainings, thorough hiring process

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60

What is the Blanchard and Peale Model for resolving ethical dilemmas?

Ask if the planned course of action is legal, balanced for stakeholders, and how it makes you feel

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61

What is the Wall Street Journal Model for resolving ethical dilemmas?

Consider if the planned course of action is compliant, its contribution, and the long-term consequences

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62

What is the Front of the Newspaper Test for resolving ethical dilemmas?

Imagine how the planned course of action would be condensed into a news headline

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63

What are some examples of rationalizations?

Everybody else does it, that's the way it's always been done, wait until the lawyers tell us it's wrong, the system is unfair, I was just following orders, it's a grey area

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64

Why is contract law important?

Need assurance that there is a legal system to enforce contracts and provide remedies if the other party breaches the agreement

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65

What is the definition of a contract?

A promise or set of promises enforceable by a court, an agreement recognized and enforced by the law

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66

What are the sources of law for contracts?

Common Law (judge-made law) and Uniform Commercial Code (statutory law)

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67

What is the purpose of the Uniform Commercial Code (UCC)?

To create a uniform and level playing field for buying and selling goods in interstate commerce

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68

What does the UCC govern?

Contracts for the sale of goods (tangible movable things)

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69

What is a hybrid contract?

A contract that involves both goods and services

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70

What is the difference between a written and oral contract?

Written contracts are in written form

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71

What is the Statute of Frauds?

Certain contracts must be in written form to be enforced.

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72

What is the difference between an oral and a written contract?

Both are enforceable if valid.

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73

What is a bilateral contract?

Both parties make promises and perform.

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74

What is a unilateral contract?

One party makes a promise and the other party acts in response.

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75

What is an express contract?

Parties overtly manifest their intent to enter into an agreement.

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76

What is an implied in fact contract?

Contract based on the behavior of the parties.

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77

What is an implied in law contract?

Court treats parties without a contract as if they do.

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78

What is a valid contract?

Meets all necessary requirements and allows for contract remedies.

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79

What is a void contract?

Not a contract at all, missing necessary requirements.

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80

What is an executory contract?

One party is still performing.

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81

What is an executed contract?

All parties have completed performance.

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82

What is a voidable contract?

A contract that can be cancelled or enforced by one party.

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83

What is an unenforceable contract?

Meets all requirements but another rule of law makes it unenforceable.

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84

What are the requirements for contract formation?

Agreement, consideration, and capacity.

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85

What is agreement in contract formation?

Meeting of the minds, offer and acceptance.

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86

What is consideration in contract formation?

Bargained for legal value/detriment.

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87

What is capacity in contract formation?

Parties must be sane, sober, and of age.

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88

What is Legality of Purpose?

Contract must be for a lawful legal purpose.

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89

What is Assent?

Parties knowingly agreeing on the same thing.

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90

What is an Offer?

A promise to do or refrain from doing something.

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91

Who is an Offeror?

The one who extends the offer.

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92

Who is an Offeree?

The one to whom the offer is extended.

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93

What is Intent in an offer?

Present intent to enter into a contract.

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94

What are Critical Terms in an offer?

Payment, time frame, subject matter.

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95

Who can accept an offer?

Only an offeree.

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96

What is Acceptance?

The offeree's positive response to the offeror's proposed contract.

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97

What is the Mirror Image Rule?

Acceptance terms must reflect the offer terms.

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98

What is a Counteroffer?

A brand new offer that terminates the original offer.

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99

What is Rejection?

Termination of the original offer.

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100

What is Revocation?

Taking the offer back before valid acceptance.

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