Chapter 3 Class Notes - Chapter 3 January 28, 2008 Test: 33...

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Chapter 3 January 28, 2008 Test: 33 multiple choice questions Trials and Resolving Disputes Stages of lawsuit pg. 55 -Pleadings stage -discovery stage -pretrial stage -trial stage -appellate stage -enforcement stage -the case can be settled out of court at any stage Pleadings stage: -the summons (pg. 34) is served when the complaint is filed with the court -a copy of the complaint is delivered to the defendant along with the summons -sample complaint pg. 56 Pleadings stage #3 Responses to the complaint: -motion to dismiss for: -lack of jurisdiction -improper venue -defective service of process -failure to state a legal claim Pleadings stage #4 Responses to the complaint: -the written document known as the ANSWER -an ANSWER can contain a counterclaim -certain defenses must be included in the ANSWER or they cannot be raised at the trial Discovery Stage: -Purpose of discovery -Devices -deposition (called as a witness to give your side of the story) -interrogatories (set of written questions to the other side of dispute and must be answered under oath) -orders to produce documents -health examinations Discovery Disputes -dominos pizza case pg. 59 -why does Mr. Monaghan of Domino’s have to attend a deposition? (b/c he was involved in creating the 30 minute guarantee)/likely to know about 30 min. guarantee Pretrial Stage -motion for Summary Judgment (pg. 60) -made before or during the trial
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-guaranteed on if: (No disagreement over the facts) (The case is so “one-sided” that one party would clearly win after a full trial (i.e. the………) Trial Stage -will there be a jury in the civil case? (There is no automatic right to a jury in all civil cases) -Jury selection process is called “voir dire”; eliminate people who might be biased -elimination of potential jurors (Maine jury selection done by license registration); first a questionnaire sent out and based on responses notices are sent out Juries in Maine Courts -Criminal cases -12 members (plus alternates) -a valid verdict is reached only if all 12 agree -Civil cases -8 members -a valid verdict requires at least 6 to agree -if no valid verdict is reached, a mistrial is declared and there can be a trial before a new jury
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This note was uploaded on 04/20/2008 for the course BUS 280 taught by Professor Manny during the Spring '08 term at University of Maine Orono .

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Chapter 3 Class Notes - Chapter 3 January 28, 2008 Test: 33...

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