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This 2 page Study Guide was uploaded by Lexi Sterling on Monday February 9, 2015. The Study Guide belongs to BLAW210 at a university taught by Jerome F. Eline II in Fall. Since its upload, it has received 81 views.
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Date Created: 02/09/15
Lexi Sterling Chapter 3 Business Law 210 012115 This was not class notes but my Chapter 3 notes from the textbook intended to be included in my first Study Guide What documents start a legal action As explained in exhibit 32 the document that starts a legal action is a complaint Discussed on the page before a complaint can also be referred to as a petition or a declaration Before the court can exercise personal jurisdiction over the defendant in effect before the lawsuit can begin the court must have proof that the defendant was notified of the lawsuit Formally notifying the defendant of a lawsuit is called service of process The plainti must deliver or serve a copy of the complaint and a summons the defendant The summons notifies defendant that he must file an answer to the complaint within a specified time period twenty days in the federal courts or suffer a default judgment against him p5152 What are the defendant s possible responses to the allegations in a lawsuit The defendant s response to the complaint takes the form of an answer In an answer the defendant either admits or denies each of the allegations in the plaintiff s complaint and may also set forth defenses to those allegations Under the federal rules any allegations that are not denied by the defendant will be deemed by the court to have been admitted 0 If the defendant admits to all of the plaintiff s allegations in their answer a judgment will be entered for the plaintiff i The defendant can also admit the truth of the plaintiff s complaint but raise new facts to show that heshe should not be held liable This is called raising an a irmative defense 0 If the defendant denies the plaintiff s allegations the matter will proceed further i The defendant could also deny the plaintiff s allegations and set forth hisher own claim stating that the plaintiff owes the defendant This is appropriately called a counterclaim If the defendant files a counterclaim the plaintiff will then have to submit an answer to the counterclaim p5255 What is discovery List and define the devices used to obtain information Discovery is process of obtaining information from the opposing party or from witnesses prior to trial Discovery includes gaining access to witnesses documents records and other types of evidence 0 Deposition A sworn testimony by a party to the lawsuit or by any witness recorded by an authorized court official The person deposed gives testimony and answers questions asked by the attorneys from both sides The questions and answers are recorded sworn to and signed 0 Interroggtories Written questions for which written answers are prepared and then signed under oath Request for an Admission One party can serve the other party With a written request for an admission of the truth of matters relating to the trial Any fact admitted under such a request is conclusively established as true for the trial Request for Documents Obiects Entry A party can gain access to documents and other items not in her or his possession in order to inspect and examine them Request for Examination When the physical or mental condition of one party is in question the opposing party can ask the court to order a physical or mental examination by an independent examiner Electronic Discovery Any relevant material including information stored electronically can be the object of a discovery request Electronic evidence consists of all computer generated or electronically recorded information such as email voicemail tweets blogs social media posts spreadsheets documents andor any other data stored electronically p5862
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