Preponderance of the evidence a standard used to

This preview shows page 13 - 16 out of 25 pages.

We have textbook solutions for you!
The document you are viewing contains questions related to this textbook.
The Legal Environment Today
The document you are viewing contains questions related to this textbook.
Chapter 16 / Exercise 04
The Legal Environment Today
Cross/Miller
Expert Verified
Preponderance of the evidence: a standard used to decide a civil case whereby the jury is to favor one party when the evidence is of greater weight and more convincing than the evidence athat is offered in opposition to it. Post Trial MotionsJudgment Notwithstanding the verdict (JNOV)/Judgment as a Matter of Law (JMOL) Appeal Process: prejudicial error (fact vs. law) Appellant vs. Appellee Process: Briefs Oral Argument: go before a panel of 3 judges to prove argument Rulings: affirm, modify, reverse, and/or remand Justification for appeal Decisions Majority Concurring Minority Courts of Last Resort Alternative Dispute Resolution:an alternative to going through trial Benefits are: Cost Preserving the business relationship Time Expertise Privacy from the world Ways to do this: 1) Arbitration:a process of a panel of judges who decide the case. Arbitrator’s decision is FINAL. (NOT CHEAPER THAN TRIAL) Voluntary Binding Not Binding Contractual Binding Legally Mandated Nonbinding (losing party has the right to appeal) 2) Mediation: parties agree on a third party (retired judge, etc.) and both sides present facts and then the mediator goes back and forth between the two sides once the two sides are separated.
We have textbook solutions for you!
The document you are viewing contains questions related to this textbook.
The Legal Environment Today
The document you are viewing contains questions related to this textbook.
Chapter 16 / Exercise 04
The Legal Environment Today
Cross/Miller
Expert Verified
Cost efficient form primarily because mediation is relatively informal and does not require as much time for preparation as arbitration Nothing is binding unless both sides agree to a settlement 3) Expert Evaluation: for parties involved in a business dispute where the issues are somewhat complex and related to the intricacies of a certain industry or profession, expert evaluation by an independent expert who recommends a settlement is a popular alternative 4) Med-Arb: both parties first submit to mediation for a set period of time. If mediation fails, the process moves to binding arbitration 5) Minitrial: a condensed version of the case is presented to the top management from both sides, with an expert neutral party conducting the trial, allowing them to see and hear facts and arguments so more meaningful negotiations can take place
TEXTBOOK NOTESConcept SummaryStage of Litigation 1.Prelaw suit: demand and prelitigation settlement negotiations a.Standing b.Statute of Limitations c.Jurisdiction 2.Pleadings Stage a.Complaint and Summons b.Answer c.Counterclaim d.Cross-claim 3.Motions 4.Discovery Stage a.Methods of discovery 5.Pretrial Conference 6.Trial a.Jury Selection and Opening b.Testimony and submission of evidence c.Closing arguments and charging the jury d.Deliberations and verdict e.Post trial motions and appeals f.Collecting the Judgement Bench Trial: trial without jury, in which the judge is both the finder of law and the finder of fact Charging of the Jury: instructions given from the judge to the jury explaining how to work through the process of coming to a factual decision in a case Hung Jury: a jury that cannot come to a consensus decision on which party should prevail in a case Chapter 5: Ethics
Ethics:

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture