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BLAW FINAL
BLAW FINAL 2.5 & 3.4
| Term | Definition |
|---|---|
| WH Framework | Who & How |
| Stakeholders | Many groups of people affected by the firm's decisions. |
| Examples of stakeholders | Customers, Owners or shareholders, Employees, & Management |
| The Golden Rule | Do to others as you want them to do to you |
| Public Disclosure Test/Television Test | Imagine your actions are being broadcast on TV |
| Universalization Test | What would the world be like if our decision was copied by everyone else |
| Adversary System | A judge hears evidence & arguments that opposing sides present & then decides the case on the basis of facts & law |
| Stages of Civil Litigation | Pretrial, Trial, & Posttrial |
| Informal Negotiations | 1st attempt to resolve a dispute and find a solution informally |
| Pleadings | 1st formal stage. Plaintiff files a complaint |
| Service of Process | Representative of the court serves a copy of the complaint & a summons to the defendant |
| Default Judgement | In favor of the plantiff that occurs when the defendant fails to answer the complaint & the plantiff's complaint alleges facts that support that judgement. |
| Defendant's Response | Responds with an answer that denies, affirms, or claims no knowledge of the allegations. |
| Affirmation Defense | Admits the facts contained in the complaint but includes additional facts that justify & provide a legally sound reason to deny relief to the plantiff |
| Motion to Dimiss | A request that asks the judge to |
| Counterclaim | Made by the defendant against the plaintiff that is filed along with the defendant's answer |
| Motion for Judgement on the pleadings | Asks a judge to issue judgement after pleadings have been entered. Pretrial phase |
| Discovery | Enables parties to learn about the facts surrounding the case including interrogatories, requests to produce documents, and depositions |
| Interrogatories | Written questions that one party sends to the other to answer under oath |
| Request to produce documents | Forces the opposing party to produce certain information unless it is privileged or irrelevant to the case |
| Deposition | Obtained testimonies from a witness before trial |
| Motion for summary judgement | Asks a judge to dispose of a case without a trial using the evidence in the discovery process |
| Pretrial Conference | Informal meeting of the judge with the attorneys representing the parties before the actual trial begins |
| Voir Dire | The process of questioning potential jurors to ensure that the jury will be made up of unbiased individuals. |
| peremptory challenge | In a jury trial, the right of the plaintiff and the defendant in jury selection to reject, without stating a reason, a certain number of potential jurors who appear to have an unfavorable bias. |
| mock trial | Imitation Trial |
| prejudicial error | An error of law that is so significant that it affects the outcome of the case. |
| brief | A written legal argument, which a party presents to a court, that explains why that party to the case should prevail. |
Created by:
kaitlynicole1
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