WGU Business Law C713 Chapter 6 exam questions and answers 2024

Litigation refers to lawsuits, the process of filing claims in court, and ultimately going to trial Alternative Dispute Resolution any other formal or informal process used to settle disputes without resorting to a trial Litigator Lawyer who handles court cases Negotiation In most cases, the parties will do this, whether personally or through lawyers. Fortunately, the great majority of disputes are resolved this way. Often begins as soon as a dispute arises and may last a few days or several years Mediation Neutral person attempts to guide the two disputing parties toward a voluntary settlement. (In some cases, there may be two or more mediators, but we will use the singular.) Generally, the two disputants voluntarily enter mediation, although some judges order the parties to try this form of ADR before allowing a case to go to trial. Does not render a decision. Arbitration Has power to decide and impose an award. Parties give up many rights that litigants retain. Jurisdiction refers to a court's power to hear a case. In state or federal court, a plaintiff may start a lawsuit only in a court that has jurisdiction over that kind of case Appellate Courts Generally accept the fact given to them by trial courts and review the trial record to see if the court made errors of law State Court System Pyramid : State Supreme court at the top, appeal courts and then other divisions below. IE, Small claims, juvenile division, etc Federal Court System Established by the US Constitution. Limits what kind of cases can be brought in. Steps involved in Beginning Litigation Pleadings, plaintiff files a complaint, summons is served Pleadings Documents that begin a lawsuit. Consist of the complaint, the answer and sometimes the reply. Civil Laws Permitted in Federal Court Federal question cased and diversity cases Discovery Process that allows lawyers to see the opponent's documents and question it's witness Counterclaim A second lawsuit by the defendant again the plaintiff Summary Judgment A ruling by the court that no trial is necessary because there are no essential facts in the dispute Preponderance of Evidence The plaintiff's burden of the proof in a civil lawsuit Beyond a Reasonable Doubt The government's burden of proof in a criminal prosecution Motion for Directed Verdict A ruling that the plaintiff has entirely failed to prove some aspect of their case. Default Judgement A decision that the plaintiff wins without trial because the defendant failed to answer in time Class Action One plaintiff represents the entire group of plaintiffs, including those who were unaware that they were harmed. Complaint Statement of facts plaintiff is alleging and the legal claims they are making