BLAW2080 CHAPTER 3 TEST QUESTIONS WITH ALL CORRECT ANSWERS GRADED A+
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Course
BLAW2080
Institution
BLAW2080
BLAW2080 CHAPTER 3 TEST QUESTIONS WITH ALL CORRECT ANSWERS GRADED A+
Motion for Judgement on the Pleadings - Answer-a request to decide the issue solely on the pleadings without a trial -- the motion will be granted only if no facts are in dispute
Motion for Summary Judgement - Answer-a request...
BLAW2080 CHAPTER 3 TEST
QUESTIONS WITH ALL CORRECT
ANSWERS GRADED A+
Motion for Judgement on the Pleadings - Answer-a request to decide the issue solely on
the pleadings without a trial -- the motion will be granted only if no facts are in dispute
Motion for Summary Judgement - Answer-a request to enter a judgement without a trial
-- motion can be caused based on evidence outside the pleadings and will be granted
only if no facts are in dispute
Discovery - Answer-process by which parties obtain information from the opposing party
prior to trial
Depositions - Answer-sworn testimony recorded and transcribed by a court reporter
Interrogatories - Answer-written questions and answers under oath
Electronic Discovery - Answer-electronic discovery can be requested as well - The
Federal Rules of Civil Procedure have specific rules about the preservation, retrieval,
and production of electronic data
Pretrial Conference - Answer-an informal meeting with the parties and the judge to
discuss settlements and plans for the trial
Jury Selection (Voir Dire) - Answer-- parties question the potential jurors
- parties have limited peremptory challenges, where they can eliminate a candidate
without providing a reason
- parties have unlimited challenges for cause, where they ask the judge to remove the
candidate due to potential bias
At the trial... - Answer-- Opening statements
- Plaintiff's Case
- Defendant's Case
- Plaintiff's Rebuttal
- Closing arguments
- Verdict
Motion for Judgment N.O.V. - Answer-granted if the jury's verdict was unreasonable and
erroneous
Motion for New Trial - Answer-after looking at all the evidence, judge will grant the
motion if the jury was in error
, Alternative Dispute Resolution (ADR) - Answer-allows for flexibility between parties
Negotiation - Answer-parties attempt to settle the dispute informally, with or without
attorneys
Mediation - Answer-a neutral third party works with both sides to reach an agreed
resolution
Mediator - Answer-- may talk with the parties independently or jointly
- may propose a solution, but both parties must agree
Arbitrator - Answer-hears a dispute and imposes a resolution for the parties, not usually
appealable
Judicial Review - Answer-the process for determining whether the decisions made by
the executive and legislative branches are constitutional
Origins of of Judicial Review in the U.S. - Answer-The U.S. Supreme Court established
this power in the 1803 case Marbury v. Madison
Jurisdiction - Answer-- a court's authority to decide a case
- the court must have jurisdiction over the person the suit is brought against or the
property involved
General Jurisdiction - Answer-unlimited as to the types of dispute they can hear
In Rem jurisdiction - Answer-the court's control over an object
Long Arm Statutes - Answer-the court can exercise jurisdiction over out-of-state
defendants if they had sufficient minimum contacts or warrants
In Personam jurisdiction - Answer-the control of a person or corporation by the court
within its geographical area
Limited Jurisdiction - Answer-specific to their area of expertise, such as bankruptcy or
probate court
Original Jurisdiction - Answer-the trial court where the dispute takes place
Appellate Jurisdiction - Answer-reviews the trial court's decision for legal errors
Federal Courts has jurisdiction in two situations: - Answer-- there is question involving a
federal law, treaty, of the U.S. Constitution
- diversity of citizenship
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