Business Law Ch. 3

Front 1

Fixed fees

Back 1

May be charged for the performance of such services as drafting a simple will.

Front 2

Hourly fees

Back 2

Cook County $300-$400. May be computed for matters that will involve an indeterminate period of time.

Front 3

Contingency Fees

Back 3

Gets paid for a percentage. Usually between 25% - 40% of a clients recovery in certain types of lawsuits, such as personal-injury lawsuit.

Front 4

Retainer Fees

Back 4

Lawyer for a company, kind of like an employee because they have him do all of the cases. And has a monthly pay.

Front 5

Summons

Back 5

A notice requiring the defendant to appear in court and answer the complaint to the defendant within twenty days in the federal courts or suffer a default judgement against him.

Front 6

Discovery

Back 6

The process of obtaining information from the opposing party or from witnesses prior to trial is known as _. It includes gaining access to witnesses, documents, records, and other types of evidence.

Front 7

Deposition

Back 7

iI sworn testimony by a party to the lawsuit or by any witness, recorded by an authorized court official. Give attorneys the opportunity to ask immediate follow-up questions and to evaluate how their witnesses will conduct themselves at trial. The process of gathering evidence concerning the case; involves (1) (sworn testimony by either party or any witness); (2) interrogatories (in which parties to the action answers to questions with the aid of their attorneys); and (3) requests for admissions, documents, examinations, or other information relating to the case. _ may also involve electronically recorded information, such as e-mail, voicemail, and other data.

Front 8

Verdict

Back 8

Once the jury has reached a decision, it issues a _ in favor of one party; the _ specifies the jury's factual finding. In some cases, the jury also decides on the amount of the award. The compensation to be paid to the prevailing party.

Front 9

Appellate Review

Back 9

1. The court can affirm the trail court's decision.
2. The court can reverse the trial court's judgment if it concludes that the trial court erred or that the jury did not perceive proper instructions.
3. The appellate court can remand(send back) the case to the trail court for further proceedings consistent with its opinion on the matter.
4. The court might also affirm or reverse a decision in part. For example, the court might affirm the jury's finding that Carvello was negligent but remand the case for further proceedings on another issue.
5. An appellate court can also modify a lower court's decision. If the appellate court decides that the jury awarded an excessive amount in damages, a more appropriate, or fairer, amount.

Front 10

Affidavits

Back 10

Sworn statements by parties or witnesses or copies of documents, such as contracts, emails, and letters obtained through the course of discovery.

Front 11

Pleadings

Back 11

The complaint and answer and other legal documents discussed below, taken together, are known as the _. The _ inform each party of the other's claims and specify the issues, disputed questions, involved in the case.

Front 12

Complaints

Back 12

Contains a statement alleging (1) the facts showing that the court has subject-matter and personal jurisdiction (2) the facts establishing the plaintiff's basis for relief, and (3) the remedy the plaintiff is seeking. _ can be lengthy or brief depending on the complexity of the case and the rules of the jurisdiction.

Front 13

The Pleadings

Back 13

1. The plaintiff's complaint - the plaintiff's statement of the cause of action and the parties involoved, filed with the court by the plaintiff's attorney. After filing the defendant is notified of the suit through service of process.
2. The defendant's response - The defendant's response to the plaintiff's complaint may take the form of an answer, in which the defendant may rise an affirmative defense and/or assert a counterclaim.

Front 14

Pretrial Motions

Back 14

1. Motion to dismiss - May be made either party; requests that the judge dismiss the case for reasons that are provided in the motion (such as failure to state a claim for which relief can be granted).
2. Motion for judgment on the pleading - May be made by either party; will be granted only if facts are in dispute and only questions of law are at issue.
3. Motion for summary judgment - May be made by wither part; will be granted only if no facts are in dispute and only questions of law are at issue. Unlike the motion for judgment on the pleading, the motion for summary judgement may be supported by evidence outside the pleadings, such as testimony and other evidence obtained during the discovery phase of litigation

Front 15

Jury Selection

Back 15

In a jury trial, the selection of members of the jury from a pool of prospective jurors. During a process known as voir dire, the attorneys for both sides may challenge prospective jurors either for cause or peremptorily (for no cause)

Front 16

Pretrial Conference

Back 16

A pretrial hearing at the request of either party or court, to identify the matters in dispute after discovery has taken place and to explore the possibility of settling the dispute without a trial. If no settlement is possible, the parties plan the course of the trial.