Chapter 3 business law

Question 1

complaint

Answer 1

the initial document that starts the lawsuit by setting forth the plaintiffs claims

Question 2

prayer for relief

Answer 2

A claim by the plaintiff for damages sought from the defendant

Question 3

damages

Answer 3

loss suffered by the plaintiff typically expressed in terms of money

Question 4

specific performance

Answer 4

a non monetary remedy available in certain cases whereby the defendant is ordered to perform the specific act agreed to in a contract

Question 5

injunction

Answer 5

an order by a court to a party to do something or to stop doing something

Question 6

irreparable harm

Answer 6

a type of injury that cannot be corrected by money or putting things back to where they were

Question 7

frivolous

Answer 7

lacking in legal merit

Question 8

default judgement

Answer 8

a judgement entered against a party for misconduct or failure to answer

Question 9

lead plaintiffs

Answer 9

in a class - action suit the representative plaintiffs of the case

Question 10

class-action

Answer 10

describes a lawsuit in which a representative plaintiff represents an entire class of similarly situated plaintiffs against the defendant

Question 11

answer

Answer 11

the defendants written response in civil suit to the plaintiffs complaint

Question 12

affirmative defense

Answer 12

a defense that does not deny the defendants actions but provides a reason or justification, such as self defense

Question 13

pleadings

Answer 13

the complaint, answer and any supporting documents

Question 14

statute of limitations

Answer 14

a defined time limit under which a legal action must commence or be forever barred

Question 15

toll

Answer 15

a temporary halting of the clock in calculating whether the statue of limitations has run out

Question 16

affidavit

Answer 16

a sworn statement in writing made under oath

Question 17

discovery

Answer 17

the method used in civil and criminal cases to obtain information about each party’s case

Question 18

interrogatory

Answer 18

written questions posed by a party to another party during discovery

Question 19

spoliation

Answer 19

destruction of key evidence in a trial

Question 20

request for admission

Answer 20

a set of statements posed by one party to another for purposes of having the other party admit or deny the statements, to narrow the scope of facts to be tried

Question 21

stipulation

Answer 21

an agreement made between opposing parties in litigation

Question 22

deposition

Answer 22

a statement by a party or witness made under oath

Question 23

impeached

Answer 23

to challenge the credibility of a witness to tell the truth

Question 24

e-discovery

Answer 24

discovery involving electronically stored information

Question 25

work product doctrine

Answer 25

materials prepared in anticipation of litigation protected from disclosure during discovery

Question 26

summary of judgement

Answer 26

a judicial order declaring a winner on the merits of a case