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MGMT 644

CHAPTER 3 (Chapter 4 in book) TRIALS AND ADR The Lawsuit – Litigation The process of bringing, maintaining, and defending a lawsuit is called litigation. It’s also called judicial dispute resolution because courts are used to decide the case. Litigation is a difficult, time consuming, & costly process that must comply complex procedural rules. Most parties hire a lawyer to represent them. Pretrial Process: can be divided into the following major phases - Pleadings: paperwork that is filed w/court to initiate & respond to a lawsuit. Complaint and Summons pleading: 1 step, sets forth facts of case.  Complaint- document a plaintiff files w/court & serves on the defendant to initiate a lawsuit.  Summons: once a complaint has been filed, court issues a summons. This is a court order directing defendant to appear in court & answer the complaint. Answer:  The defendant’s written response to a plaintiff’s complaint that is filled with the court & served on the plaintiff. In the answer defendant admits or denies allegations contained in complaint. - Default Judgment: if defendant does not answer complaint, this is entered for him. A default judgment means defendant loses & the plaintiff then has only to prove damages. Cross-Claim (complaint)  A document filed by a defendant against plaintiff to seek damages or some other remedy. This is filed alongside an answer. This is filed if the defendant believes that he/she has been injured by plaintiff. Defendant now sues plaintiff for damages or some other remedy. Defendant becomes cross-complainant & plaintiff becomes cross-defendant. - Reply to Cross-Claim: original plaintiff must file a reply (answer) to cross complaint. Intervention and Consolidation  Intervention: if other persons have an interest in lawsuit, they may intervene & become parties to lawsuit.  Consolidation: act of a court to combine two or more separate lawsuits into one lawsuit. Class Action:  When more than one person has the same claim, they find a representative planner & the file suit against the company. Depending on common, legal, or factual claim. You can always opt out of it.Ex. When there is a lawsuit against a bank for increased interests. Statutes of Limitations:  Plaintiff only has a certain period of time to file lawsuit against defendant. If suit is not filed within this time period, plaintiff loses his/her right to sue. Discovery:  A legal process during which each party engages in various activities to discover facts of the case from the other party & witnesses prior to trial. This prevents surprise, allow parties to thoroughly prepare for trial, preserving evidence, saving court time, & promoting the settlement of cases. The major forms of discovery are: - Deposition: Informal procedure; oral testimony given by a party or witness prior to trial. Testimony giver is called deponent. Deponent is placed under oath & asked oral questions by one or both of the attorneys. Deponent is given an opportunity to correct his or her answers prior to signing deposition. Depositions are used to preserve evidence and impeach testimony given by witness at trial. - Interrogatories: are written questions submitted by one party to another party. Party is required to answer interrogatories in writing within a specified time period. Answers signed under oath. - Request for Production: request by one party to another party to produce all documents relevant to case prior to trial. This is so lawyer when lawyer goes to trial he has proof. - Physical/Mental Exams: A court-ordered examination of a party to a lawsuit before trial to determine the extent of the alleged injuries. Ex. Plaintiff has been injured in accident & is seeking damages for physical injury. Pre-trial Motions  This is a motion a party can make to try to dispose of all or part of a law suit prior to trial. A trial takes time & costs money, so plaintiff must decide before you begin a suit if it’s worth it. - Motion for judgment on pleadings: motion that alleges that if all facts presented in pleadings are taken as true, the party making the motion would win the lawsuit when the proper law is applied to these asserted facts. - Motion for Summary Judgment: if all the evidence shows that defendant can’t win case, summary of judgment is called. Sett
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