Ch 4

Civil Litigation is

The term “litigation” includes

Who should be involved in planning how to resolve disputes in a business?

Arbitration is a form of

When parties argue their positions on a business controversy in court, it is called

Litigation includes a broad range of events that lead up to a

Dispute _____ is an important part of business strategy that requires a cost-benefit analysis.

When a dispute arises, one party may make an informal ________ to the other party outlining the issue and requesting action.

Who typically helps business owners resolve disputes?

Why do pre-litigation negotiations often fail?

What are common dispute resolution methods in the U.S.?

Standing to sue means the party bringing the case must have

What law establishes a deadline for filing a lawsuit?

Before filing a lawsuit, parties often engage in

The party who initiates a civil lawsuit is the

Pre-litigation negotiations often fail when the parties are

The party being sued in a civil lawsuit is called the

To bring a lawsuit, the plaintiff must have

A lawsuit officially begins when the plaintiff files a

If the statute of limitations is missed, what happens?

What document formally notifies the defendant that a lawsuit has been filed?

A defendant responds to the complaint by filing an

If a defendant fails to respond to a lawsuit, a ______ judgment is issued, and they automatically lose.

In some cases, such as divorce proceedings, the defendant is called the

If a defendant believes the plaintiff has also caused damages, they may file a

A cross-claim is filed when the defendant

A party requests court action by filing a

The defendant’s formal response to each paragraph of the complaint is in the

During the pretrial phase, parties may file a motion to compel

What process allows parties to exchange evidence before trial?

Relevant evidence must be produced during

An attorney’s work product is ______ if it cannot be obtained otherwise without undue hardship.

A sworn testimony given before trial is called a

A motion to dismiss due to failure to state a valid claim occurs in the

What is a court order compelling testimony or evidence production?

What process ensures an orderly exchange of evidence?

Written questions sent to the opposing party during discovery are called

What type of evidence can be withheld in discovery?

Statements sent to determine which facts are disputed and which are agreed upon are called

One major limit on discoverable information is

Requests to obtain documents, emails, or other materials during discovery are called

Before trial, a judge meets with both parties in a

What happens if all other dispute resolution methods fail?

The finder of law in a trial is the

The finder of fact in a jury trial is the

Testimony given under oath before trial may be used as evidence and is called a

A trial without a jury, where the judge decides both law and fact, is a

To obtain specific evidence like documents or emails, a party files a

The first step in a trial is selecting the

A judge’s role in a pretrial conference includes

Voir dire is the process of

During ______ _______, attorneys present their case theories to the jury.

A witness is first questioned by the attorney who called them during

Cross-examination is limited to matters raised during

Attorneys persuade the jury in their final remarks through

When the judge ______ the jury, they provide instructions on how to decide the case.

Jurors meet privately to review evidence and reach a verdict during

A witness being questioned by opposing counsel is undergoing

After deliberation, the jury delivers a

The standard of proof in civil trials is

The final decision of a jury is called the

When a jury cannot reach a decision, it is called a

To contest a flawed verdict, the losing party may file a

Courts that review trial court decisions for errors are called

A prevailing party may have difficulty collecting a judgment if the losing party is

Reaching an agreement outside the court system is called

Advantages of ADR over litigation include

Informal ADR may result in

To succeed in an appeal, the losing party must prove

Common ADR methods include

What could prevent a winning party from collecting a judgment?

Contracts often include ADR clauses related to

ADR is a process where disputes are resolved outside court with the help of

Arbitration is a method of ADR where a neutral party

ADR is usually conducted in

Parties seeking arbitration often select an arbitrator through the

ADR may result in an agreement not to

A decision made by an arbitrator is final if it is

A key advantage of mandatory arbitration is

What may require businesses to participate in ADR before litigation?

The Federal Arbitration Act promotes arbitration in

During arbitration, a neutral third party

Courts rarely overturn arbitration decisions unless there is

Arbitration decisions are usually made by

Which ADR method results in a final, unchangeable decision?

Courts generally uphold arbitrators' decisions in

Legally mandated arbitration may help parties initiate

A neutral third party facilitating discussion between disputing parties is called

Like arbitration, the goal of mediation is to

When might a court set aside an arbitration decision?

In complex cases, a specialized third party may provide a recommended resolution as an

Med-arb is a process where parties first attempt ______, then move to ______ if necessary.

Arbitration clauses are a major issue in

A ______ trial is a short proceeding before a jury that results in a non-binding opinion.

The mediator’s role in mediation is to

A condensed version of a case presented to top management instead of a jury occurs in a