Civil Dispute Resolution

Front 1

def. Pleadings

Back 1

a series of responsive, formal, written statements in which each side to a lawsuit states its claims and defenses

Front 2

t/f A court will grant summary judgement when there are no issues of fact to be determined by trial.

Back 2

True

Front 3

def. Pretrial procedure

Back 3

process requiring the parties to disclose what evidence is available to prove the disputed facts

Front 4

def. Trial

Back 4

determines the facts and outcome of hte case

Front 5

def. Appeal

Back 5

determines whether the trial court committed prejudicial error

Front 6

def. Enforcement

Back 6

plaintiff with an unpaid judgment may resort to a writ of execution to have the sheriff seize property of the defendants and to garnishment to collect money owed to the defendant by a third party

Front 7

def. Arbitration

Back 7

nonjudicial proceeding in which a neutral third party selected by the disputants renders a binding decision (award)

Front 8

How many circuit courts are there?

Back 8

11

Front 9

def. Demurrer

Back 9

An allegation of a defendant that even if the facts as stated in the pleading to which objection si taken by true, their legal conswquences are not such as to require the demurring party to answer them or to proceed further with the cause

Front 10

def. Judgment n.o.v.

Back 10

a judgment rendered in favor of one party notwithstanding the finding of a verdict in favor of the other party

Front 11

def. Judgment on Verdict

Back 11

A final binding determination on the merits made by the judge after and contrary to the jury's verdict

Front 12

Is mediation or conciliation binding?

Back 12

No

Front 13

Is arbitration binding?

Back 13

Yes

Front 14

What is the purpose of tort law?

Back 14

to compensate the injured party, not punish the wrongdoer

Front 15

Employees are __ of their employers.

Back 15

Agents

Front 16

Principle objectives of tort law (3)

Back 16

1) to compensate persons who sustained harm or loss resulting from another's conduct
2) to place the cost of that compensation only on those parties who should bear it
3) to prevent future harms and losses

Front 17

Two types of compensation for tort damages

Back 17

1) Pecuniary: property and earning capacity
2) Non-pecuniary: bodily harm and emotional distress

Front 18

What is the "duty to exercise car?"

Back 18

The law imposes on every person who enters upon an active course of conduct the positive duty to exercise ordinary care to protect others from harm.