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Litigation The resolution of disputes through the court systems Civil litigation The resolution of disputes between private parties through the court system. Criminal litigation Government prosecutes an action against who have committed crimes against society. Administrative litigation The process by Which administrative agencies resolve disputes that concern their administrative rules and regulation. If an employee is injured on the job and worker's compensation is ...

Discovery Formal pretrial process designed to give all parties access to the same evidence that will be available to all other parties at the time of trial Purposes of discovery 1. Obtain evidence that might not be available at trial due to a witness's age, health, or absence 2. Narrow issues for trial 3. Avoid unfair surprises in trial 4. Encourage settlement before trial Rule ______ of the Federal Rules of Civil Procedure governs discovery: Rule 26 Discovery is prim...

selecting the proper court involves: 1. subject matter jurisdiction 2. personal jurisdiction 3. venue United States District Court mostly tries cases that: 1. The United States, its agencies, or its officers are parties if named either as a plaintiff or as a defendant in the lawsuit 2. A case involving a federal question if it is a "civil action arising under the Constitution, laws, or treaties of the United States." 3. A case involves diversity of citizenship if it is a civil a...

Most civil cases end in a settlement true An appellate court has the authority to consider questions relating to the facts of a case. false The main goal of the request for admission is to simplify a lawsuit by reducing the number and nature of the points in controversy. true If the client does not approve the settlement, the attorney cannot agree to it, no matter how lucrative and beneficial it might be true . Settlement negotiations are not conducted simultaneou...

witness A person who is asked to testify under oath at a trial judgment The court's final decision regarding the rights and claims of the parties to a lawsuit Federal Rules of Civil Procedure (FRCP) The rules controlling all procedural matters in civil trials brought before the federal district courts complaint The pleading made by a plaintiff or a charge made by the state alleging wrongdoing on the part of the defendant pleadings Statements by the plaintiff and...

Litigation -The process of a law suit from the filing stage through to the very end -There are 5 possible stages, although almost all law suits are settled before getting to stage 3 Pleading -First stage of litigation -Required filing from both parties Complaint -Required -The initial filing from the plaintiff -Two required elements for each claim: 1) The plaintiff's version of the facts 2) Request for a remedy Answer -A response from the defendant either admittin...

Litigation If dispute cannot be resolved through mutal agreement, a lawsuit may be filed in order to have the issues resolved by the courts Three types of judicial systems Criminal court, civil court and administrative court Plaintiff Party that begins the lawsuit Defendant Party that is sued Preponderance of the evidence Standard for proving the defendant responsible or liable in a civil court Beyond a reasonable doubt Higher standard of proof is necessa...

When reviewing technical documents, it is best to Create a glossary of technical terms raised in a particular case If you state has a long-arm statute, any deponent may be brought from a distant state for a local deposition False Good objections suggest answers to the deponent False All witnesses must attend pretrial conferences False Under federal disclosure, information unfavorable to your client's case need not be disclosed. True Copies of documents re...

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True or false? The Sprint Goal is a result of Sprint Planning, as is the Sprint Backlog. True True or false: The Product Owner determines how many Product Backlog items the Development Team selects for a Sprint? False True or false? Multiple Scrum Teams working on the same project must have the same Sprint start date. True True or False? The Product Owner makes sure the team selects enough from the Product Backlog for a Sprint, in order to satisfy the stakeholders. False...