The first step is to set up the case with the preliminary court papers. The first pleading needed to be filed is the Complaint/Petition. The intention of the objection is to present the defendant with notice of the accurate and official justification for the plaintiff’s argument. The Summons will inform the defendant that he or she is being sued. After the defendant receives the Summons, he or she will send an answer.
A written statement submitted to the court to persuade it as to the correctness of a party’s positions is: (Points : 2) a. Memorandum of law b. Interrogatory c. Bill of particulars d. Verification 3. The initial pleading in a civil action in which plaintiff alleges a cause of actions is: (Points : 2) a. Counterclaim b. Response c. Cross-action d. Complaint 4. The person who brings a lawsuit is called a: (Points
For those chosen the juror's oath is administered. The Trial The trial begins with counsel making brief opening statements for each side. Evidence such as exhibits and testimony, direct, and cross examination. During the last part of the trial phase the counsel gives closing arguments. Judge's Charge to the Jury After the main trial phase the judge will address the jury.
NonLinear Pro files a lawsuit indicating violation of default on the lease of the equipment. Quick Takes Video will need to respond. Hal’s options are determining to go to litigation or to use an Alternative Dispute Resolution. This includes arbitration, mediation, and a mini-trial. In arbitration, both parties must agree to and both parties will choose an impartial third party to hear and decide the dispute (Cheeseman, 2010).
Concepts and Terms Quiz BSHS/441 C.W 10-15-2012 1. Describe 2 of the various types of conflict resolution. Advocates and Mediators are the two main types of conflict resolution used in many professions today. To prevent situations from spiraling out of control, mediators are used to keep an equal balance between two conflicting parties. Advocates can often do the same, but are more for one side then both.
The discovery stage is next, where the parties will try to find evidences, which will be presented against each other or on each side. Questions are asked by each party in writing from each other, which is process through the legal document known as interrogatories. The questions or findings may also be done through oral counseling, known as deposition. When the discovery process is complete the defendant will file a motion of summary judgment. This will allow the defendant to reject the case, due to not enough evidences to support the claim presented by the plaintiff.
ADR Team Clause 1 Running head: ADR TEAM CLAUSE ADR Team Clause ADR Team Clause 2 ADR Team Clause With a surfeit of litigations consuming our legal system, the Alternative Dispute Resolution (ADR) has provided disputing parties with various non-traditional means of legal resolution to their disagreements; thus avoiding the complexities and expense of the court process (Jennings, 2006). The ensuing passages will discuss the purpose and provisions of the ADR clause for the LAW/531 Learning Team (L5LT). Teams can be an embodiment of individuals with diverse characteristics
Accessibility refers to the ability of an individual to use consumer law in order to achieve redress. Multi-million dollar corporations have access to the best legal advice and representation while most consumers cannot afford the cost of legal proceedings against large corporations. The law has attempted to rectify these issues of accessibility for the ordinary consumer through the introduction of alternative dispute resolution methods which provide consumers quick and inexpensive avenues for redress. One such method is mediation and conciliation. This provides consumers with effective opportunities to express concerns without going to court (and facing massive amounts of legal fees), although, agreements reached through mediation and conciliation are non-binding and consumers may still have to use the court system to achieve justice.
a party may claim that the law that was applied violates the United State constitutions. After all briefs are received, a case is scheduled for oral argument by the Appeals Court. There is also argument where, each attorney has a chance to present arguments directly to the Justices who will be deciding the case. The Justices usually ask questions to the lawyers. After questions are asked then there is a decision that can be made or further action may be
As a general rule of thumb, ALL parties are entitled to appeal the first trial determination of a case. Further and subsequent appeals usually require the leave of the court which is frequently granted. Nonetheless, these appeals are rare. A reasonable guess is around 1% or lower. Again, the most obvious function of appeal court is to correct errors”.