MGMT 402 Exam 3 QUESTIONS WITH ANSWERS

MGMT 402 Exam 3 QUESTIONS WITH |\ |\ |\ |\ |\ |\




ANSWERS

14th Amendment - CORRECT ANSWERS ✔✔guarantees "equal
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protection of the laws" to all people, including business entities,
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and applies to all federal, state, and local government actions
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5th and 14th Amendments provide that - CORRECT ANSWERS
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✔✔"No person shall be...deprived of life, liberty, or property,
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without due process of law." |\ |\ |\ |\




Pretrial Litigation Process - CORRECT ANSWERS ✔✔1. pleadings
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(complaint (service of process, default judgement) answer, |\ |\ |\ |\ |\ |\ |\


counterclaim)
2. discovery
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service of process - CORRECT ANSWERS ✔✔the delivery of a
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complaint to the defendant (has to be in person) |\ |\ |\ |\ |\ |\ |\ |\




default judgement - CORRECT ANSWERS ✔✔a judgement in favor
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of the plaintiff entered by a court against a defendant who has
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failed to respond to the plaintiffs complaint (usually granting the
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plaintiff everything it asked for in the complaint)
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answer and counterclaim - CORRECT ANSWERS ✔✔defendant
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files an answer responding to the plaintiff's allegations and may
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also file a counterclaim if they think the plaintiff was at fault
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,What are the pleadings? - CORRECT ANSWERS ✔✔The complaint,
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answer, counterclaim, and other additional documents are
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collectively known as the pleadings |\ |\ |\ |\




Types of discovery - CORRECT ANSWERS ✔✔- depositions
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- requests to produce
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- interrogatories
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- requests to admit
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- mental or physical examinations
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depositions - CORRECT ANSWERS ✔✔- almost the same thing as |\ |\ |\ |\ |\ |\ |\ |\ |\ |\


a witness testifying during a trial
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- someone with information about the case (typically a witnesses)
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sits down with attorney's from both sides and a court reporter,
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who types everything said during the meeting
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- The deponent, the person who is having a deposition taken, is
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placed under oath and the attorneys are free to ask questions
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about the deponents role in the dispute (even questions they
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wouldn't be allowed to ask during a trial)
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- A deposition is not evidence to be presented at a trial
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requests to produce - CORRECT ANSWERS ✔✔a request from 1
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party for the other party to turn over copies of relevant
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documents in its possession |\ |\ |\

,Interrogatories - CORRECT ANSWERS ✔✔simply written questions |\ |\ |\ |\ |\ |\ |\


one side asks the other, almost always both prepared by the
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parties' lawyers in consultation with their clients
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requests to admit - CORRECT ANSWERS ✔✔- nothing more than a
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series of factual statements and the receiving party must
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respond to each statement and either admit or deny it
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- similar to interrogatories in that its just a written request that's
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usually prepared by the attorney's in consultation with their
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clients


mental or physical examinations - CORRECT ANSWERS ✔✔When
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the evidence that will be presented at the trial is a physical
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object or a person, the other side has the right to have its own
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experts examine the object or person
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witnesses can be impeached when? - CORRECT ANSWERS ✔✔If a
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deponent is called as a witness and their testimony does not
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match what they said during the deposition
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flow of a lawsuit through the courts - CORRECT ANSWERS
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✔✔complaint --> service of process --> answer and/or |\ |\ |\ |\ |\ |\ |\ |\


counterclaim --> discovery --> trial --> appeal (if applicable) |\ |\ |\ |\ |\ |\ |\ |\




motion - CORRECT ANSWERS ✔✔- nothing more than 1 party
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(and sometimes both parties) asking the court for something
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- happen at every phase of a lawsuit
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, - generally pertain to the procedural aspects of a lawsuit (what
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happens when and how) and not substantive issues in the case
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(such as how much damages 1 party should pay to another)
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motion for summary judgement - CORRECT ANSWERS ✔✔a
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motion stating that there is no dispute as to the relevant facts of
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the case and asking the court to award a judgement in favor of
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one party without the need for a trial
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motion for judgement on the pleadings - CORRECT ANSWERS
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✔✔- admits that the parties might not agree on the facts, but
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asserts that even if the other sides facts were all true, it would
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still lose the case
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- If the judge agrees, then the motion can be granted, and one
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party will win without needing to hold a trial
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Trials - CORRECT ANSWERS ✔✔Pretrial hearing --> Jury selection
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--> Opening statements --> Cases-in-chief --> Rebuttal -->
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Closing arguments --> Jury instructions and verdict --> Judgment
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Bench Trial - CORRECT ANSWERS ✔✔the judge performs the role
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that a jury would normally have: choosing which sides factual
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allegations are more believable |\ |\ |\




Pretrial Hearing - CORRECT ANSWERS ✔✔- Shortly before the
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start of a trial, the court will hold one final pretrial hearing, often
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called a settlement conference |\ |\ |\