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Business Law: The Litigation Process
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Complaint
The initial legal document filed by the plaintiff outlining the facts, legal basis for the lawsuit, and the relief sought.
Answer
The defendant's formal response to the plaintiff's complaint, which may include defenses and possible counterclaims.
Discovery
The pre-trial phase where both parties exchange relevant information and gather evidence to build their cases.
Motion to Dismiss
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.
Summary Judgment
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.
Pretrial Conference
A meeting between the judge and the attorneys to plan the trial, discuss settlement options, and other procedural matters.
Voir Dire
The jury selection process, involving questioning prospective jurors to uncover biases or inability to serve impartially.
Opening Statement
Initial remarks made by each party's attorney to the jury at the start of a trial, outlining what they intend to prove.
Direct Examination
The phase in a trial where a party's lawyer questions their own witness to elicit favorable facts and establish their narrative.
Cross-Examination
Questioning of a witness by the opposing party's attorney after the direct examination, to challenge their testimony or credibility.
Closing Argument
The final statements to the jury by the attorneys in a trial, summarizing the evidence and making a last appeal for their respective cases.
Jury Instructions
Directions given by the judge to the jury concerning the laws pertinent to the case on which they must base their decision.
Verdict
The formal decision or finding made by a jury, as reported to the court, on matters or questions submitted for their deliberation and determination.
Judgment
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.
Appeal
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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