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12 Cards in this Set
- Front
- Back
alternative dispute resolution
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any formal or informal process to settle disputes without a trial
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Trial courts
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determine facts and apply the laws to the facts
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Appeals courts
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accept the facts found by the trial court and review the trial record for errors of law
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Motion
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a formal request to the court
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Voir Dire
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The process of selecting jurors in order to obtain an impartial panel.
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Discovery
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stage prior to trial at which parties may employ various procedural mechanisms to investigate facts of the case and determine the basis of opposing party‘s case/defense.
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depose potential witnesses
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-Questions answered under oath
-Transcriptions prepared |
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Interrogatories
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Written questions which must be answered in writing under penalty of perjury
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Affidavits
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Written statements signed under the penalty of perjury
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Trial Procedure
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-Plaintiff’s Opening
-Defendant’s Opening -Plaintiff’s Case in Chief -Defendant’s Case in Chief -Plaintiff’s Closing -Defendant’s Closing -Jury Instructions and Deliberation -Verdict |
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Tort Law
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victim brings suit and receives compensation or restitution.
-no agreement needed between parties |
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2 types of Torts
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- intentional: harm caused by deliberate action
-neglicence/srict liability: harm caused by neglect rather than by deliberate action |