SPORTMGT 335 Study Guide - Midterm Guide: American Arbitration Association, Contributory Negligence, Intentional Tort

• School: UMASS-Amherst
• Department: Sport Management
• Course: SPORTMGT 335
• Professor: Mc Kelvey Stephen

Document Summary

Plaintiffs can forum shop, which is choosing a venue where you will get the best decision. Complaint -> answer -> motions (summary judgment) -> discovery -> trial -> Motion for summary judgment: no issues of material fact. Motion to dismiss for failure to state claim: no law application. State decisis using an old case to solve a current one. Criminal law: persons charged with a crime against the state are prosecuted. Civil: controversies of non-criminal manner burden of prove required trial type; trial by jury. Preliminary injunction; plaintiff must prove: plaintiff must have substantial likelihood of prevailing on merits of the case, plaintiff will suffer irreparable injury if the preliminary injunction is not issued. Issuing the injunction will no inflict greater injury on the defendant than the one threatening the plaintiff. Injunction will not have an adverse effect on the public interest.