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Stack #569505

Chapter 4

Alternative Dispute Resolution Resolving disputes without litigation
Negotiation The parties discuss the issue and try to reach a voluntary settlement
Arbitration The parties choose an impartial third party to decide
Meditation A neutral third party is used to mediate a dispute
Answer The defendants written response to a plaintiffs complaint that is filed with the court and served on the plaintiff
Burden of Proof Persuade the trier of fact of the merits of the case
Closing argument The conclusion of the presentation of the evidence, when each attorney tries to convince the jury of the case
Complaint A document that the plaintiff files with the court to initiate a lawsuite
Cross-Examination After the evidence has been introduced to each witness and the questions have been asked the defendant can question the witness
Default Judgment When the defendant does not answer a complaint
Direct Examination The plaintiff's attorney calls witness to give testimony. After a witness has been sworn in, the plaintiffs attorney examines the witness
Redirect Examination The defendant's attorney can ask questions only about the subjects that were brought up during the direct examination. After the defendant's attorney completes his or her questions the plaintiff's attorney gets his chance to ask questions
4 Major Forms of Discovery Deposition, Interrogatories, Productions of documents, Physical or mental examination
Deposition A oral testimony by party or witness before trial that is under oath and transcribed
Interrogatories Written questions submitted by one party to the other. The questions then must be answered also in writing within a certain time frame
Productions of Documents A request by one party to the other to hand over all of the relevant material for the case before trial
Physical or Mental Examination A court ordered examination of a party before trial to find out the extent of alleged injuries
Opening Statement When each parties attorney summarizes the case to the jury and explains their position on the case
Pleading The major paperwork that is filed with the court to initiate and respond to a lawsuit
4 Major Pleadings Complaint, Answer, Cross-Complaint, and the Reply
Rebuttal After the defendant has finished calling witnesses the plaintiffs attorney can call a witness and bring evidence to contradict the defendants
Sequestered (Jury) When a juror is separated from family, friends etc in important cases
Statutes of limitations A statute that puts a time limit on when the plaintiff can bring a lawsuit against the defendant
Voir dire When the potential jurors are asked questions by the judge and attorneys to determine whether they are biased or not
Created by: monsterdog