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Business Law: Mid-Term Exam | Questions with Answers Verified 100% Correct
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Business Law: Mid-Term Exam | Questions with Answers Verified 100% Correct
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Business Law: Mid-Term Exam | Questions withAnswers Verified 100% Correct
What is a "Plaintiff"? - ✔✔The person who has brought the action against the Defendant
(the person who is doing the suing)
What is a "Defendant"? - ✔✔The person being sued or accused and is defending their side of
the action
What is a "Summons"? - ✔✔A formal document that notifies the defendant that they are
being sued and who by
What is a "Complaint"? - ✔✔A document that sets forth all allegations upon which you think
relief should be granted
What is an "Answer"? - ✔✔When the defendant either admits or denies the allegations
listed in the complaint - they must also include any applicable "Affirmative Defenses"
What else may a defendant do after being served with a complaint? - ✔✔Other than filing an
"Answer", they may file a "Cross-Complaint" (attempt to sue back) or a Demurrer (motion to
dismiss the complaint)
How long does a defendant have to file a response after being served? - ✔✔30 days
What happens is the defendant does not file a response within the time frame allowed after
being served? - ✔✔Will result in a "Default Judgement" in the Plaintiff's favor
What is "Service Process"? - ✔✔The act of delivering a writ or summons to someone
, Who may serve the defendant? - ✔✔Anyone that is: over the age of 18, not yourself and not
a party to the case
How may one "serve" the defendant? - ✔✔By means of: Personal Service (having it handed
directly to them); Substituted Service (serving someone over the age of 18 at the residence and
mailing a copy); Publication (publishing the law suit with the approval of a judge in an approved
newspaper)
What is a "Demurrer"? - ✔✔A formal motion to dismiss the complaint - can be filed in place
of an "Answer"
What is "Discovery"? - ✔✔The process of gathering information for the purpose of learning
as much as possible about the position taken by each side to prepare for trial
What are some tools of "Discovery"? - ✔✔Interrogatories (written questions); Depositions
(oral out of court testimony); Request for Production of Documents; Request for Examination;
Request for Admission
What is a "Summary Judgement"? - ✔✔A determination made by the court without a full
trial
What takes place at a "Pre-Trial Conference"? - ✔✔Is intended to "tie up loose ends" to
make sure that the trial goes smoothly - includes: "Motions in Limine" and "Jury Instructions"
What is an example of a "Motion in Limine"? - ✔✔A request for certain evidence to be
introduced or not introduced to the jury in a trial
What is the process of "Jury Selection" called? - ✔✔Voir Dire (to speak the truth)
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