Ch 03 notes - Judicial, Alternative, & Online Dispute Resolution

Ch 03 notes - Judicial, Alternative, & Online Dispute Resolution

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Unformatted text preview: NJ-SpecificNotice pleading: To give someone a general idea why they are being suedBusiness LawCh. 3: Judicial, Alternative, & Online Dispute ResolutionJudicial Dispute Resolution (i.e. litigation): Process of bringing, maintaining, and defending a lawsuitAlternative Dispute Resolution: Nonjudicial dispute resolution used often to resolve commercial and e-commerce disputesOnline Dispute Resolution: Arbitration used to solve Internet and e-commerce disputes.Pretrial Litigation Process351.Pleadings: Paperwork filed with the court to initiate/respond to a lawsuita.Complaint & Summons: Plaintiff (party who is suing) files complainti.Names parties to the lawsuitii.Allege ultimate facts and laws violatediii.Contain prayer for relieffor a court-rewarded remedyiv.Can be as long as necessary, depending on complexityv.Once filed, a summonswill be issued to direct the defendant to appear in court & answer the complaintb.Answer: Defendant admits/denies allegations from complaintDefendant’s ActionResulting Court ActionAdmits all allegationsJudgment is enteredDenies all/some allegationsCase proceedsDoes not answerDefault judgmentis entered, establishing the defendant's liability. The plaintiff only has to prove damages.i.Defendant can assert affirmative defenseby...1.Pleading his/her actions were in self-defense2.Asserting the expiration of the plaintiff's statute of limitations37(time within which to bring the lawsuit, starting from when the accident happens or when the breach of contract occurs)c.Cross Complaint & Reply: Defendant sues plaintiff for damages or some other remedyi.Defendant becomes cross-complainantii.Plaintiff becomes cross-defendantand file a reply (answer)Intervention & Consolidationa.Intervene: Other persons who have an interest in the lawsuit may become parties to the lawsuitb.Consolidate: If multiple plaintiffs exist filing separate lawsuits stemming from the same fact situation against the same defendant, the court can consolidate the cases into one if it would not cause undue prejudice to the parties2.Discovery: Each party engages in various activities to discover facts of the case from the other party and witnesses prior to triala.Prevents surprise, allows parties to thoroughly prepare for trial, preserves evidence,...
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This note was uploaded on 02/08/2011 for the course BUS LAW 320 taught by Professor Soos during the Fall '10 term at Rutgers.

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Ch 03 notes - Judicial, Alternative, & Online Dispute Resolution

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