BUSFIN 3500 Blackburn Midterm 1 Exam|
74 questions with Answers
Attorney-Client Privilege - -Law protects confidential communications
between the attorney and clients from its disclosure to a third person
- Purpose of Attorney Client Privilege - -Promote compliance with the law
- Exceptions to the attorney client privilege - -When in the presence of a 3rd
party
An overriding public policy
ex. When client is using lawyers service to commit a crime or fraud
- Work Product Doctrine - -Any materials that have been prepared in
anticipation of a lawsuit fall under this doctrine, and are privileged.
Neither attorney nor client can be compelled to disclose these materials
- Court systems (2 types) - -State and Federal
- Court systems (3 levels) - -Trial, Appellate, Supreme
- Stages of the Civil Process - -1. Pleading
2. Discovery
3. Trial
4. Appellate
- Jurisdiction - -Power of a court to hear and decide a case
- District court - -basic federal trial court
at least one in each state or territory
- Pleadings - -the documents that tell each party's claims or defenses
against the other parties
- Class action suit - -when a person brings a suit on behalf of a class of
people who have been similarly injured
- requirements of class action suit - -questions of law or fact must be
common to class
-claims of representative parties must be typical of the claims or defenses of
the class
, - Motion to dismiss - -in pleading stage
says "so what?
-Even if you prove what you said, the law does not recognize this as
actionable
- Motion for judgement - -in pleading stage
alleges that on the basis of an examination of all pleadings, the movant
should prevail
- injunction - --order compelling the defendant to do something or to refrain
from doing something
- Interrogatories - -Discovery Stage
written questions directed to the other party
- Litigation hold - -When a company suspends its usual document retention
and preservation policy and directs its employees to preserve documents
and electronically stored information in anticipation of future litigation
- Motion for summary judgement - -calls attention to discovery materials,
and may include additional sworn statements not part of the discovery
- Another name for monetary damages: - -Legal relief
- Preponderance - -In most civil cases, the plaintiff has the burden of
proving the case by a preponderance of the evidence
-"by the greater weight of the evidence"
- Motion for directed verdict - -Trial stage motion
Requests the court direct a verdict in the movant's favor
customarily made by both parties at the end of the opponents case in chief
- Motion for judgement notwithstanding the verdict - -Trial stage motion
made by the losing party after return of an unfavorable verdict
- Res judicta - -"the matter has been decided"
-losing party may not institute a new suit against the same parties involving
the same issues
- Appellate courts - -courts that review trial court decisions
- Mediation - -Involves an intermediary to assist the parties in resolving the
conflict
- Early neutral evaluation - -Report is given to neutral evaluator, who gives
report of each side
74 questions with Answers
Attorney-Client Privilege - -Law protects confidential communications
between the attorney and clients from its disclosure to a third person
- Purpose of Attorney Client Privilege - -Promote compliance with the law
- Exceptions to the attorney client privilege - -When in the presence of a 3rd
party
An overriding public policy
ex. When client is using lawyers service to commit a crime or fraud
- Work Product Doctrine - -Any materials that have been prepared in
anticipation of a lawsuit fall under this doctrine, and are privileged.
Neither attorney nor client can be compelled to disclose these materials
- Court systems (2 types) - -State and Federal
- Court systems (3 levels) - -Trial, Appellate, Supreme
- Stages of the Civil Process - -1. Pleading
2. Discovery
3. Trial
4. Appellate
- Jurisdiction - -Power of a court to hear and decide a case
- District court - -basic federal trial court
at least one in each state or territory
- Pleadings - -the documents that tell each party's claims or defenses
against the other parties
- Class action suit - -when a person brings a suit on behalf of a class of
people who have been similarly injured
- requirements of class action suit - -questions of law or fact must be
common to class
-claims of representative parties must be typical of the claims or defenses of
the class
, - Motion to dismiss - -in pleading stage
says "so what?
-Even if you prove what you said, the law does not recognize this as
actionable
- Motion for judgement - -in pleading stage
alleges that on the basis of an examination of all pleadings, the movant
should prevail
- injunction - --order compelling the defendant to do something or to refrain
from doing something
- Interrogatories - -Discovery Stage
written questions directed to the other party
- Litigation hold - -When a company suspends its usual document retention
and preservation policy and directs its employees to preserve documents
and electronically stored information in anticipation of future litigation
- Motion for summary judgement - -calls attention to discovery materials,
and may include additional sworn statements not part of the discovery
- Another name for monetary damages: - -Legal relief
- Preponderance - -In most civil cases, the plaintiff has the burden of
proving the case by a preponderance of the evidence
-"by the greater weight of the evidence"
- Motion for directed verdict - -Trial stage motion
Requests the court direct a verdict in the movant's favor
customarily made by both parties at the end of the opponents case in chief
- Motion for judgement notwithstanding the verdict - -Trial stage motion
made by the losing party after return of an unfavorable verdict
- Res judicta - -"the matter has been decided"
-losing party may not institute a new suit against the same parties involving
the same issues
- Appellate courts - -courts that review trial court decisions
- Mediation - -Involves an intermediary to assist the parties in resolving the
conflict
- Early neutral evaluation - -Report is given to neutral evaluator, who gives
report of each side
