Business Law Terms

Affidavit- A written statement affirmed by certification for use as evidence in court.

Affirmative Defense- A fact or sets that is made to defeat in a claim in court even if the supporting facts are true.

Answer- The primary response by the defendant in a civil action.

Brief- A written legal argument in a format by the courts stating the legal reasons for a lawsuit.

Closing Argument- The final legal argument by each attorney of a case prior to a verdict or judgement.

Complaint- Document in which a person is to be charged with an offense in court.

Counterclaim- A claim for relief filled against the opposing side after the original claim is filled.

Cross-examination- The examination of a witness called by the other party at a trail for which questions are permitted.

Default judgement- A ruling granted by the court or judge.

Deposition- Witness’s sworn out of court testimony, used to gather information.

Direct examination- The questioning of a witness during trial.

Discovery-Obtaining information from witnesses or opposing party

E-evidence-Electronic information that are stored such as email

Federal Rules of Civil Procedure- All civil trails held in federal district courts are governed by FRCP

Hearsay- Testimony in court about a statement made by someone who heard someone else say

Impeach- Challenge the credibility of someone who changes testimony at trial.

Interrogatories- Written questions with written answers that are prepared then signed.

Metadata- Devices that automatically record certain information about files

Motion- A request submitted to the court by an attorney on behalf of the client.

Motion for a directed verdict- At a conclusion of a case, the defendant’s attorney may ask the judge to direct a verdict for the defendant because no evidence supported the claim in state courts.

Motion for a judgment as a matter of law- At a conclusion of a case, the defendant’s attorney may ask the judge to direct a verdict for the defendant because no evidence supported the claim

Motion for a new trial- If the verdict believes that the jury was in wrong a new trail can be granted.

Motion for a judgment n.o.v- Now withstanding the verdict, if the jury’s verdict was unreasonable.

Motion for judgment on the pleadings-This motion asks the court to decide the issue based on the pleadings beforehand proceeding to trial.

Motion for summary judgement- Asks the court to grant a judgment in the party’s favor without a trial.

Motion to dismiss- Filled by the defendant in which asks the court to dismiss the case for specific reasons.

Opening statement- Stating the facts attorneys expect to prove during trial.

Pleadings- Complaint/answer/legal documents all formed in one

Pretrial Conference- Before trial an informal discussion takes place between the judge and opposing attorneys.

Pretrial motion- The motion to dismiss, motion for judgment on pleadings, and motion for summary.

Rebuttal- Offering additional evidence that is against the defendant’s case.

Rejoinder- The defendant’s attorney can refute that evidence

Relevant evidence- Evidence that is to prove or disprove a fact in question

Rules of evidence- Series of rules that the courts create to ensure evidence during a trial is fair and reliable

Service of process- Formally notifying a defendant in a lawsuit

Summons- Notice requiring the defendant to appear in court and answer the complaint

Verdict- Specifies the jury’s factual findings

Voir dire- Jury’s selection process

Writ on execution- Order directing the police to seize and sell the defendants assets and/or property.

3-1= The reason attorney work product cannot be shared is that it contains discussions about the attorney's strategy and legal reasoning as he or she prepares the case. While evidence and information is objective, attorney work product is subjective and provides the key reasoning and logic, as well as attorney-client confidential information that should never be shared, with others. Providing this would give the other side every last thought and belief an attorney and his or her client have.

3-2= (a) After all of the pleadings (the complaint, answer, and any counterclaim and reply) have been filed, either party can file a motion for judgment on the pleadings. This may happen because it is clear from just the pleadings that the plaintiff has failed to state a cause of action. This motion is also appropriate when all the parties agree on the facts, and the only question remaining is how the law applies to those facts. (b) During the trial, at the conclusion of the plaintiff’s case, the defendant may move for a directed verdict. If the defendant does this, he or she will argue to the court that the plaintiff presented inadequate evidence that he or she is entitled to the remedy being sought. In considering a motion for a directed verdict the judge looks at the evidence in the light most favorable to the plaintiff and grants the motion only if there is insufficient evidence to raise an issue of fact. (c)  A motion for summary judgment is similar to a motion for a judgment on the pleadings in that it asks the court to grant a judgment without a trial. Either party can file a summary judgment motion when the only question is how the law applies to the facts in a case. When a court considers a motion for summary judgment, it can take into account evidence outside the pleadings. (d) If a losing party has previously moved for a directed verdict, that party can make a motion for a judgment n.o.v. (notwithstanding the verdict) after the jury issues its verdict. The standards for granting a judgment n.o.v. are the same as those for granting a motion to dismiss a case or a motion for a directed verdict. Essentially, the losing party argues that even if the evidence is viewed in the light most favorable to the other party, a reasonable jury could not have found in that party’s favor.