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Business Law: The Litigation Process

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Complaint

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The initial legal document filed by the plaintiff outlining the facts, legal basis for the lawsuit, and the relief sought.

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Answer

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The defendant's formal response to the plaintiff's complaint, which may include defenses and possible counterclaims.

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Discovery

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The pre-trial phase where both parties exchange relevant information and gather evidence to build their cases.

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Motion to Dismiss

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A request by the defendant for the court to dismiss the case on specified grounds, such as lack of jurisdiction or failure to state a claim.

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Summary Judgment

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A request for the court to rule that the other party has no case, because there are no facts at issue, thus no need for a trial.

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Pretrial Conference

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A meeting between the judge and the attorneys to plan the trial, discuss settlement options, and other procedural matters.

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Voir Dire

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The jury selection process, involving questioning prospective jurors to uncover biases or inability to serve impartially.

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Opening Statement

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Initial remarks made by each party's attorney to the jury at the start of a trial, outlining what they intend to prove.

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Direct Examination

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The phase in a trial where a party's lawyer questions their own witness to elicit favorable facts and establish their narrative.

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Cross-Examination

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Questioning of a witness by the opposing party's attorney after the direct examination, to challenge their testimony or credibility.

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Closing Argument

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The final statements to the jury by the attorneys in a trial, summarizing the evidence and making a last appeal for their respective cases.

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Jury Instructions

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Directions given by the judge to the jury concerning the laws pertinent to the case on which they must base their decision.

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Verdict

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The formal decision or finding made by a jury, as reported to the court, on matters or questions submitted for their deliberation and determination.

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Judgment

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The official decision by a judge or a court that resolves the dispute and may order one party to pay money to another, among other decisions.

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Appeal

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The process of seeking a higher court's review of a lower court's decision for the purpose of correcting or changing this decision.

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