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WVU BCOR 320 - Litigation

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BCOR 320 1nd Edition Lecture 5 Litigation:1. Pleadings: paper that begins a lawsuitA. Complaint: short, plain statement of the allegations and legal claimsB. Answer: a brief reply to the allegationsC. Counter-claim: accused party will initiate a second suit in response to firstD. Reply: a brief reply to the counter-claim2. Discovery: allows both sides to uncover evidence, encouraging a settlement or ensuring few surprises during a trialA. Interrogatories: written question that the other party must answer, under oathB. Depositions: interview of other party or potential witnessC. Production of evidence: each side may request to see the other sides evidenceD. Physical/mental exam: one party may request the court to order an exam ofthe other party if relevantE. E-discovery: electronic communication which may be requested by a party to gather info about case. The plaintiff Case:1. Opening arguments: Brief summary given by each side of the facts they hope to demonstrate2. Plaintiff calls witnesses: Question to own witnesses are direct examed.3. Defendant questions witness: questions to opposing witness is cross examed4. Defendant moves for directed verdict: this is asking the judge to decide thatthe plaintiff has no case worth proceeding withThe defendants Case:1. Opening arguments: opening arguments were presented earlier2. Defendant calls witnesses: Direct exam3. Plaintiff questions witnesses: cross examed4. Closing arguments: summary of both sides Negotiation: Parties make offers and counter offers for settlements. Maybe face to face.These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.Mediation: Neutral person attempts to get parties to reach a voluntary settlement Arbitration: Neutral person is involved does. Does not render decision, may be mandatory. Mini trial: A voluntary private preceding in which lawyers for each side present a short ended version of their case to the representative of both sides. Fact-finding: The parties to a dispute employ a neutral third party to act as a fact-finder to investigate the dispute. Judicial Referee: the court appoints a judicial referee to conduct a private trial and render a


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