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28 Cards in this Set
- Front
- Back
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Consultant or volunteer gives parties an assessment of the position
Generally used prior to discovery Saves expenses if parties settle following the evaluation |
Early Neutral Evaluation
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Review of Management’s action against employee by a group of peer – employees
Reduces litigation cost |
peer review
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-A private organization that handles 250 arbitration cases each year
-Has used arbitration since 1922 |
international chamber of commerce
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The supreme court granted only about --------- cases out of ----- cases
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260, 12000
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An international arbitral for investors
Investment contracts can provide for arbitration by ------------ |
ICSID International center for settlement of investment disputes
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are efforts of individuals to enforce their rights
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lawsuits
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Must describe actions that led to claim of violation
Must establish jurisdiction and venue of court in which it is filed Class actions are often filed against businesses |
Complaint
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time limits the plaintiff must file the petition or complaint within in.
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statutes of limitations
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----------- explains to defendant his/her rights
Where to defend How long to defend The effect of not defending the suit |
Summons
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Delivered by an officer of the court or by licensed private process servers
In exceptional circumstances, service is accomplished by publication |
summons
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the parties positions are found in -------, which is the complaint of petition
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pleadings
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what can the defendant do in the content of their answer?
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-Defendant can admit allegations in complaint are true
-Defendant can deny allegations in complaint -Defendant can counterclaim—effect is the defendant is also suing plaintiff for damages |
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Failure to file an answer within the statutory time period is a ------
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default
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Time limits for filing answers are typically ------- to ------ days
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twenty to thirty days
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requests to the court that it take certain action
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motions
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If court grants Motion for judgment on the pleadings, the case is over at the ------ (appeal is possible)
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trial court level
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the plaintiff has no cause of action even if everything the plaintiff alleges is true.
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motion for judgement on the pleadings
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happens before the trial, parties engage in mandatory process of mutual disclosure of all relevant documents and other evidence
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discovery
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request from one party to another for the admission of facts so that proof requested at trial is limited
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request for admissions
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written questions submitted to opposition
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Interrogatories
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statements of parties or witnesses taken under oath in an informal setting
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depositions
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are traditional tools for discovery
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Requests for admissions
Interrogatories Depositions |
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Only relevant, non-privileged information is --------
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discoverable
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Appropriate in cases where there are no factual issues
Used to resolve questions of law when the parties agree on the facts |
Motion for summary judgment
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Required in cases where damages over $20 are claimed
Absolute right to jury trial is only in criminal cases Jurors selected from voting or drivers’ license lists |
jury trial
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-Used to narrow jurors for panel
-Ask questions about their knowledge of the case, level of education, background, etc. -Can be challenged for cause—incapable of making an impartial decision when they know parties, when they were involved with the case -Peremptory challenge—limited number of challenges used by attorneys to remove potential jurors with whom they are uncomfortable -However, may not be based on race or sex |
Voir dire
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Presents witnesses—direct examination
Defendant can cross-examine plaintiffs’ witnesses |
Plaintiff’s case
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Gives summary of the case and witnesses and how they fit together to prove necessary elements
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opening statement
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