Business Law- MindTap Ch 3

What system of justice do American and English courts follow?

Typically the three phases of litigation are

Which one of the following is NOT involved in the two basic pleadings of a lawsuit?

T/F: As part of Anderson's affirmative defense, he can argue that Li is lying about the auto accident.

The two most common motions are

T/F: Once the pleadings are closed, no more motions can be filed.

Which of the following is NOT part of the discovery process: a. Examining documents. b. Examining records. c. Requesting another trial. d. Questioning witnesses. e. Examining electronic evidence.

T/F: In preparation for the trial between Anderson and Li subsequent to the auto accident, Li's attorney places Anderson under oath and asks Anderson questions that are recorded by a court reporter. This is known as an interrogatory.

Pretrial Conference

Jury Selection

If you were an attorney making your opening statement, what might your statement include: a. A brief version of the facts and the supporting evidence. b. A statement about the personal character of your client. c. An introduction to yourself and your family and the evidence you will present.

_________ consist of a series of court rules guaranteeing presentation of reliable evidence during trial.

Li claims to be injured due to the accident. Anderson's attorney calls Li's doctor to the witness stand. ______ is taking place

T/F: When the opposing attorney asks questions of a witness, she is engaging in reexamination.

At the conclusion of the plaintiff's case, the defendant's attorney may ask for a...

After the defendant's attorney is finished introducing evidence, the plaintiff's attorney can present a...

Then the defendant's attorney can refute that evidence in a...

The trial is almost over. What do the opposing attorneys NOT do? a. Urge a verdict in favor of their clients b. Present closing arguments c. Introduce new evidence

Beyond a reasonable doubt

Preponderance of evidence

T/F: When a jury reaches its decision, it typically issues a verdict in favor of one party.

Under what circumstances will a judge grant a motion for a new trial? a. When the jury did not ask enough questions during the trial. b. When the attorneys did not ask enough questions of witnesses. c. When the jury clearly misapplied the law or misunderstood the evidence.

Anderson loses the trial. Anderson's attorney can make a motion for...

T/F: The juries for appellate courts are very small.

Filing the appeal

Appellate Review

T/F: On appeal, most courts reverse the trial court's decision.

Your attorney prepares a _____ to present to the appellate court when you decide to appeal the trial court's decision.

An order directing a sheriff to seize and sell the defendant's nonexempt assets is called a: a. writ of execution b. writ for claim damages c. writ of seizure