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Mizzou MANGMT 3540 - Exam 1 Study Guide

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What are the four major Types of Discovery?Interrogatories- written questions sent to a party which must be answered in writing and under oathRequest for Admissions- Written statements sent to a party which must be admitted or deniedRequest for Production- A written request sent to a party requiring the delivery of documents or objects at a specified place and timeDepositions- An in-person oral examination (questioning) of a party or a nonparty witness under oathWhat is the third Stage of a Lawsuit?The 3rd stage is Pre-trial Motions. Pre-trial motions are motions filed in the case prior to time trial begins (filed by movant)What are Two Significant Pre-trial motions?Motion to dismiss: A motion (request to the court) typically filed by the defendant asking the court to throw out the petition. Examples of this include failure to state a cause of action and lack of jurisdiction or standing.Motion for Summary Judgment: A motion which may be filed by any party asking for a judgment based upon affidavits and the sworn evidence uncovered during discovery. Requires the court to find that there is no genuine issue of material fact. Appropriate when: no dispute on facts; or plaintiff can’t show evidence of necessary fact for cause of actionWhat is the Fourth Stage of a Lawsuit?The 4th stage is the Trial which has six phases.What is the 1st stage of a trial?Voir Dire (Jury Selection). Voir Dire means “to tell the truth.” The potential jurors are questioned under oath about bias or prejudice against or in favor of one of the partiesWhat is the 2nd stage of a trial?Opening Statement: a statement of the evidence the parties intend to present at trialWhat is the 3rd stage of a trial?The 3rd stage of a trial is trial motions, which are filed in court during the trial. The person who files a motion is called the movantWhat are examples of trial motions?Motion for mistrial: requires a court to find where there was an event or an error, which makes a fair trial or decision impossible.Motion for directed verdict: requires a court to find that the plaintiff did not present evidence necessary to support a cause of actionWhat is the 4th stage of a trial?The Plaintiff’s Case, which includes direct Examination, which are questions by the party who calls the witness, Cross-examination, which are questions by the other party, and then Redirect Examination, which are new questions to a party’s witness to eliminate damage or confusion to the case caused by cross examination.What is the 5th stage of a trial?Defendant’s Case, which also includes direct, cross and redirect examination, as well as a rebuttal by the Plaintiff, which includes calling new witness to contradict the evidence produced by the defendant.What is the 6th and final stage of a trial?Closing Argument, which is also called summation. These are the opportunity of the parties’ attorneys to summarize their case and all the inferences of the evidence and make a logical or emotional argument to the jury.What is the 5th stage of a lawsuit?Post-trial Motions, which are motions filed after trial, seeking to change the result.What are Two Significant Post-trial Motions?Motion for New Trial: a request that the court throw out the decision and grant the movant a new trialMotion for Judgment N.O.V. (notwithstanding the verdict): request that the court throw out the judgment because based upon the evidence the jury’s decision was legally invalid in that the plaintiff failed to produce evidence necessary to support the verdict.What is the 6th and last stage of a lawsuit?Appeal, which is a request by an aggrieved party (loser) to an appellate court to change a trial court’s decision.What are the Five Phases of Appeal?1. Notice of Appeal, which must be filed timely initiating the appeal2. Trial record Filed3. Parties Brief Issues, which include the Appellant’s brief and the Respondent’s (appellee’s brief)4. Oral argument5. DecisionWhat are the Possible decisions that can be made during an appeal?Affirm- let the decision standReverse – throw out the decision or enter an opposite decisionRemand- send the case back to the trial courtCombination of the first threeMGMT 3540 1nd EditionExam # 1 Study Guide Lectures: 1 -8 Lecture 1 (August 27)- What is a Law?A body of rules enforced by a government- What is The Rule of Law?The concept that no one is above the law, and that no one can be of breaking the law except as the law provides. From the highest official to the lowliest member of society, all are subject to the same laws.- What is a Contract? A legally enforceable promise or set of promises - What does it mean to have a Breach of Contract?A fail to fulfill contractual obligations (i.e. contract lawsuits)- What is a Tort?A civil wrong other than a breach of contract for which the law provides a remedy- What is Negligence?An unintentional violation of a legal duty to use a standard of care- What is Common Law? A legal system of court-made law where the rules are derived from previously decided cases, called precedents- What is the Stare Decisis? The legal doctrine that requires courts to follow previous decisions called precedents- What is the Judicial Review?Doctrine that courts determine the constitutionality of statutes- What is a Cause of Action?A stated set of facts giving rise to a valid lawsuit- Who is a Plaintiff?The party that files a lawsuit against another party- Who is a Defendant? The person against whom a lawsuit is filed- What are the Four Philosophical Schools of Law? Describe each school.1. Natural Law School is the theory that law comes from unchangeable principles evident from nature or inspired by God. Example: Declaration of Independence 2. Positivist School believes that Government’s rules are supreme. Example: definition of law above3. Traditional (Historical School) believes that Law, which has worked in the past, is best suited to shape present law. Example: Stare Decisis4. Legal Realist School believes there is no uniform way to interpret the law; result oriented, considering the impact on the parties and society; many are semantic relativists. Example: Holmes: the constitution is what the judges say it is- What are some Problems in applying each of these laws?Natural Law School - whose versions of self-evident law do you use?Positivist School – government atrocities acceptable?Legal Realist/Traditional- should the constitution be what the judges say it is, should


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