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14 Cards in this Set
- Front
- Back
State statutes that allow a deceased's beneficiaries to collect for loss to the estate of the deceased for future earnings when a death is judged to have been due to negligence?
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Wrongful death statutes.
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A written notification issued by court clerk & delivered w/ a copy of the complaint to the defendent, directing him/her to respond to charges?
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Summons
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A legal document requiring the recipient to appear as witness in court/ or to give a deposition?
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Subpoena.
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Sworn testimony given and recorded outside outside the courtroom during the pretrial phase of a case?
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Deposition.
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A written set of questions requiring written answers from a plaintiff/defendent under oath?
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Interrogatory.
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Legal document requiring the recipient to bring certain written records to court to be used as evidence in a lawsuit?
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Subpoena duces tecum.
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Monetary awards sought by plaintiffs in lawsuits?
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Damages.
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Stands for "The thing speaks for itself"; also known as the doctrine of common knowledge. Under this doctrine no expert witnesses need to be called?
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res ipsa loguitur.
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Name 3 advantages to alternative dispute resolution?
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1. Resolving civil disputes without going to court!
2. |
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The failure to act when one should?
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Nonfeasance.
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Statements sworn to under oath by witnessses testifying in court and giving depositions?
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Testimony
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Methods of settling civil disputes between parties using neutral mediators/arbitrators without going to court?
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ADR-alternative dispute resolution.
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What are the steps that are taken in a trial phase?
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1. Jury selection
2. Trial begins 3. Witnesses called to testify 4. Attornies make closing arguments based on the evidence presented. 5. Jury deliberates 6. Jury reaches a verdict. 7. Judge reads/hand down verdict. 7. |
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Name 3 advantages to Alternative Dispute Resolution (ADR)?
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1. Faster
2. Less costly 3. Doesn't require going to court. |