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Universities » University of Kentucky (UK) » MGT - Management » 340 - ETHICAL/REGULATORY ENVIR » Flash Cards

EXAM 1_Class 1 PREP - Flashcards

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Class:MGT 340 - ETHICAL/REGULATORY ENVIR
Subject:Management
University:University of Kentucky
Term:Spring 2010
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Theory of Law 3 Parts 1. Let the market regulate; the market should correct itself 2. Self-Regulation; Ethics, individuals do the right thing (in their own minds) 3. Government Intervention; Gov't steps in to regulate after 1-2 fail
Public relationship between government and its people
Private legal relationship between individuals
Civil address the rights and duties among individuals, entities or the government; typically seeking a remedy not a punishment
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Criminal crimes or wrongs committed against society, seeking a punishment which could involve a fine or jail time; criminal actions brought forth by the state (or some extension of the government); we the people decide what crimes are
4 Categories of Crime 1. Violations (speeding tickets, noise, trespassing) 2. Misdeanors (offense punishable up to 12 months) 3. Felonies (offense punishable by 1yr+) 4. Treason (federal crime, takes place in federal court)
2 Types of Misdemeanors 1. 90 days in jail, or fine up to $250 2. Up to 12 months in jail, or fine up to $500
Burden of Proof: Criminal Beyond a reasonable doubt, determined by the jury
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Burden of Proof: Civil per ponderance of the evidence, determined by plaintiff
Substantive Law defining, creating, and regulating our rights and obligations
Procedural Law methods of enforcing our rights and obligations set forth in the substantive law; how, when, where to file a lawsuit
Common Law "Judge Made Law," this is how courts use decisions in the past and apply to a current case
Generated by Koofers.com
Statutory Law passed by some sort of government body, takes written form, created by legislative branch
Equity in name of equity and fairness the courts have a lot of power
5 Purposes of Law 1. Keeping Order, Providing Structure (Traffic Laws) 2. Influencing Conduct 3. Honoring Expectations (Housing Contracts) 4. Promoting Equality 5. Law as the Great Compromiser
3 Characteristics of Law 1. Flexibility: Law must be able to change as society changes 2. Consistency: Laws should be predictable so people can conform behavior 3. Pervasiveness: Laws must cover all areas but shouldn't be complex or infringe our rights and liberties
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6 Sources of Law 1. Constitutions: Federal, State 2. Statues: Federal, State 3. Administrative Regulations: Federal, State & Local level 4. Executive Orders: President, State Governors 5. Case Law: Common Law 6. Private Law
Custom develops over time and through repeated conduct (i.e. recycling in Germany is mandatory)
3 Aspects of Custom 1. Educate yourself about cultures with whom you are conducting business 2. Watch personal space 3. Be careful with gifts
Treaties an agreement between or among nations on a subject of international law, signed by leaders of nations and radified by government bodies
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3 Types of Treaties 1. Bi-Lateral: between 2 nations 2. Mulit-Lateral: amongst several nations 3. General/Universal: recognized by mostly all nations
Ethics Defined higher than the law; ethics can be taught
Standards generally accepted rules of conduct that govern society
Rules standards and expectations for behavior
Generated by Koofers.com
3 Layers of Business Ethics 1. Basic Values 2. Notions of Fairness 3. Social Responsibility
Basic Values honesty, not stealing, keeping promises, etc.
Notions of Fairness how we treat others
Social Responsibility focus on how business acts with community, the environment and its neighbors
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Dilemma with Ethics employees often think they have to go with the company's ethics and go against their own
4 Sources of Moral Standards 1. Positive (Actual) Law 2. Natural Law 3. Moral Relativism 4. Religious Beliefs
Positive (Actual) Law base morals on whether an activity is illegal/legal
Natural Law idea that some standards do not exist because of the law or might exist despite the law
Generated by Koofers.com
Moral Relativism (Situational Ethics) We establish moral standard according to the situation we are in (i.e. Telling the half-truth)
Religious Beliefs following the Bible, etc.
12 Categories of Ethical Dilemmas 1. Stealing 2. Lying 3. Giving or Allowing False Impression 4. Buying Influence/Conflict of Interest 5. Hiding Information 6. Talking Unfair Advantage 7. Committing Acts of Personal Decadence 8. Perpetrating Interpersonal Abuse 9. Permitting Organizational Abuse 10. Violating Rules 11. Condoning Unethical Actions 12. Balancing Ethical Dilemmas
5 Resolutions for Ethical Dilemma 1. Blanchard & Peale Model 2. Front of the Newspaper Test 3. Laura Nash Model 4. Wall Street Journal Model 5. The Golden Rule
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Blanchard & Peale Model Ask 3 Questions: 1. Is it legal? 2. Is it balanced? (consider perspective of other parties involved) 3. How does it make me feel? (assess comfort level of decison)
Front of the Newspaper Test how would a reporter portray your decision in the news; summon decision into one phrase
Laura Nash Model Ask 4 Questions: 1. How would I view problem on other side of fence? 2. Am I able to discuss my decision with family & friends? 3. Remind yourself of what you're trying to accomplish. 4. Will I still be comfortable with my decision over time?
Wall Street Journal Model 3 C's: 1. Compliance 2. Contribution 3. Consequences
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8 Types of Rationalizations 1. Everybody else does it 2. If we don't do it, someone else will 3. We'll wait until lawyers tell us its wrong 4. It doesn't really hurt anyone 5. Unfair System 6. I was just following orders 7. Its a gray area 8. You should've seen what they did
Ethical Postures & Business Practices: 2 Questions 1. Whose interest does the company serve? 2. What is the best way to serve that interest?
Ethical Postures & Business Practices: 4 Answers 1. Shareholders, Shareholders 2. Shareholders, Society 3. Society, Shareholders 4. Society, Society
Ethical Postures & Business Practices: 4 Schools of Thought 1. Inherence School: Shareholders, Shareholders 2. Enighten Self-Interest: Shareholders, Society 3. Invisible Hand: Society, Shareholders 4. Social Responsibility: Society, Society
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2 Types of Courts 1. Trial Courts 2. Appellate Courts
Trial Courts where we get our first decision, rendered from a judge or jury
Appellate Courts where we review trial courts decision; determine if law was applied, checks & balances; most case law comes from this court; usually 3 judges
Bench Trial judge acts as the jury
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Judicial Review: 3 Errors 1. Reverse Error: outcome could be mixed up 2. Affirming: lower court did this correctly 3. Minimal Error
Stare Decisis "Let the Decision Stand"
Setting Precedent using decisions from past and apply to present situation; try to follow the past to maintain consistency
Plaintiffs: Civil v. Criminal 1. Civil: person who initiates lawsuit 2. Criminal: ?
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Defendants: Civil v. Criminal 1. Civil: the one being sued, seeking recovery 2. Criminal: charges against them
Judges control procedings in a case; in KY judges are elected; federal court judges are appointed by the President
KY Court System: 9 Types of District Court 1. Civil <$4000 2. Probate (wills, name changed) 3. Forcable Detainers (evictions) 4. Criminal (misdemeanors) 5. Traffic Court 6. Domestic Violence 7. Paternity 8. DN&A: Dependency, Negligence & Abuse Cases 9. Juveniles **6-9 if county has Family Court
KY Court System: District Court one in each county, this is a trial court, a court of limited jurisdiction
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KY Court System: Circuit Court generally trial court, but in some instances is appellate; one in each county, court of general jurisdiction
KY Court System: 4 Types of Circuit Court 1. Civil > $4000 2. Criminal (Felonies) 3. Family (Divorces, Adoptions or Terminal Parental Rights) 4. Appeals (from district court or administrative appeals) **3 is in Family Court if the County has it
KY Court System: 7 Aspects of Family Court KY is pilot for Family Court 1. Domestic Violence 2. Paternity 3. Dependency, Negligence, & Abuse 4. Juveniles 5. Divorces 6. Adoption 7. Termination of Parental Rights **1-4 from District, 5-7 from Circuit
KY Supreme Court appellate court
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KY Court System: 5 Types of Courts 1. District 2. Circuit 3. Family 4. KY Court of Appeals 5. KY Supreme Court
Rules of Practice & Procedure established rules of conduct for judges and attorneys
4 Types of Federal Court 1. U.S. District Court 2. Specialty Court 3. U.S. Court of Appeals 4. U.S. Supreme Court
U.S. District Court will be published as case law
Generated by Koofers.com
Specialty Court Created by Congress, limited jurisdiction Bankruptcy Court, Tax Court, Etc.
U.S. Court of Appeals most appeals come from U.S. District Court
U.S. Supreme Court 9 justices (appointed by President)
Jurisdiction Court's power and authority to hear a case; subject matter & personal
Generated by Koofers.com
Subject Matter Jurisdiction: 5 Factors 1. Limitation on the type of case a court can hear 2. Federal Court (3 ways) 3. Exclusive 4. Concurrent (at the same time): you have a choice between federal & state court 5. Federal Preference (consider bias or prejudice of public)
3 Ways to get to Federal Court 1. Anytime the U.S. is a party to the case 2. It is a Federal Question 3. Diversity Jurisdiction: 2 Parts (must have both) a) Citizens from different states AND b) Amount of controversy is $75,000+
Personal Jurisdiction authority over the person; look at through eyes of the defendent
Personal Jurisdiction: 3 Ways 1. In Rem Jurisdiction 2. Volunteer Jurisdiction 3.In defendant is present in state of jurisdiction
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Personal Jurisdiction: In Rem Jurisdiction jurisdiction over the personal to the extent the person has property in jurisdiction and that property is subject matter of the lawsuit
Personal Jurisdiction: Volunteer Jurisdiction agree to be part of a court process, or because you have signed a contract
Personal Jurisdiction: Defendant Present 1. Defendant is physically located in jurisdiction 2. Minimum Contacts: does the defendant have a sufficient enough connection; focus on fairness 3. Long Arm Statutes: can allow court to extend arm out to another state, reciprocation
Venue The geographic location to where we hear a case; proper where the case is most convenient; change of venue -- fairness, this is up to trial court judge but can be appealed
Generated by Koofers.com
Standing to Sue The litigate mus show that he or she has sufficient interest in the outcome of the case
International Courts only parties involved, if you're there you agreed to it; International Court of Justice, Etc.
3 Criticisms of our Court System 1. Time 2. Money 3. Corruption, Bias, How Equal Justice is Dispensed
Alternative Dispute Resolution (ADR) on the increase in the last 15-20 years; can be formal or informal; can be used instead of traditional litigation or can be used along with litigation
Generated by Koofers.com
8 Types of ADR 1. Arbitration 2. Mediation 3. Medarb 4. Mini Trial 5. Rent-A-Judge 6. Summary Jury Trials 7. Early Neutral Evaluation 8. Peer Review Process
Arbitration: 4 Aspects Generally binding on the parties; 1 or several people could be the arbitrator 1. Courts generally will uphold what the arbitrator decides 2. Faster than litigation, because once the arbitrator makes the decision, that's it 3. Can be expensive 4. Handled privately
Mediation: 3 Aspects Mediator will meet with parties and try to facilitate an agreement between the two; this is usually used along with litigation for divorce; mediators are trained (do not have to be attorneys but can be) 1. Confidential 2. Less Expensive 3. Courts Require this often
Medarb Cross between mediation and arbitration. 1. Starts with mediation process 2. When mediation fails, arbitrator picks up and makes decision
Generated by Koofers.com
Mini Trial Often reserved for business disputes 1. Neutral adviser is usually an old judge 2. Purpose is for businesses to have a chance to get them talking and negotiating
Rent-A-Judge i.e. Judge Judy, Judge Joe, Judge Mathis 1. This is a fast process, and fairly inexpensive 2. Usually go with the judges suggested outcome
Summary of Jury Trials 1. Usually for cases involving a lot of money 2. Gives the parties an idea of where they stand before an actual trial occurs 3. Very expensive
Early Neutral Evaluation happens before a case is filed; they will go to an attorney, present case and gather whether it is beneficial to litigate 1. often leads to settlement 2. reduces costs
Generated by Koofers.com
Peer Review Process employer vs. employees; present case to a group of people who will provide feedback to both parties
Lit V. ADR: 5 Factors 1. Speed & Cost -- consider the $ and time taken away from your business 2. Privacy -- court is open to public so ADR offers confidentiality 3. Creative Remedies 4. Jury Unknowns 5. Absence of Technocalities
Litigation lawsuits have to have legal information to move forward
Pleadings documents filed by the parties with the court; 2 types: complaint & summons
Generated by Koofers.com
Pleadings: Complaint file a complaint and receive a number 1. identify parties (plaintiff, defendant) 2. statement on jurisdiction 3. basis of action 4. prayer for relief
Pleadings: Summons issued by the court clerk, informs defendant that they are being sued
Answer to Pleadings: 3 Types 1. Counter claim 2. Cross Claim 3. Third Party Complaint
Defenses in your answer there are often affirmative defenses
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Motions things that occur between complaint & trial date
Discovery the primary information gathering stage of the litigation process
Discovery: 5 Methods 1. Depositions 2. Interrogatories 3. Request for Documents 4. Admissions 5. Examinations
Depositions party answers questions under oath
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Interrogatories a person will answer written questions in writing and swear to being truthful
Admissions A party is given a statement and told to admit or deny
6 Benefits of Litigation 1. Preserve Testimony 2. Reduces Perjury 3. Promotes Settlement 4. Narrows Issues 5. Concludes the Case 6. Prevents Surprises
Pre-Trial Conference A court can get you to try and settle this before actual trial court--> may suggest mediation
Generated by Koofers.com
Civil Trial: 10 Parts 1. Fact Finder 2. Voir Dire 3. Peremptory 4. Opening Statement 5. Burden of Proof 6. Defendants Case 7. Closing Statements 8. Deliberation/Verdict 9. Post Trial 10. Appeals
Voir Dire questioning of potential jurers, goal is to have a fair jury **For Cause
Peremptory You can get rid of a jurer for an unknown reason but you are only given a certain number
Opening Statements each side talks through attorney, plaintiff first, defendant second
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Burden of Proof Per Ponderance of Evidence Beyond Reasonable Doubt
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 Theory of Law 3 Parts1. Let the market regulate; the market should correct itself
2. Self-Regulation; Ethics, individuals do the right thing (in their own minds)
3. Government Intervention; Gov't steps in to regulate after 1-2 fail
 Publicrelationship between government and its people
 Privatelegal relationship between individuals
 Civiladdress the rights and duties among individuals, entities or the government; typically seeking a remedy not a punishment
 Criminalcrimes or wrongs committed against society, seeking a punishment which could involve a fine or jail time; criminal actions brought forth by the state (or some extension of the government); we the people decide what crimes are
 4 Categories of Crime1. Violations (speeding tickets, noise, trespassing)
2. Misdeanors (offense punishable up to 12 months)
3. Felonies (offense punishable by 1yr+)
4. Treason (federal crime, takes place in federal court)
 2 Types of Misdemeanors1. 90 days in jail, or fine up to $250
2. Up to 12 months in jail, or fine up to $500
 Burden of Proof: CriminalBeyond a reasonable doubt, determined by the jury
 Burden of Proof: Civilper ponderance of the evidence, determined by plaintiff
 Substantive Lawdefining, creating, and regulating our rights and obligations
 Procedural Lawmethods of enforcing our rights and obligations set forth in the substantive law; how, when, where to file a lawsuit
 Common Law"Judge Made Law," this is how courts use decisions in the past and apply to a current case
 Statutory Lawpassed by some sort of government body, takes written form, created by legislative branch
 Equityin name of equity and fairness the courts have a lot of power
 5 Purposes of Law1. Keeping Order, Providing Structure (Traffic Laws)
2. Influencing Conduct
3. Honoring Expectations (Housing Contracts)
4. Promoting Equality
5. Law as the Great Compromiser
 3 Characteristics of Law1. Flexibility: Law must be able to change as society changes
2. Consistency: Laws should be predictable so people can conform behavior
3. Pervasiveness: Laws must cover all areas but shouldn't be complex or infringe our rights and liberties
 6 Sources of Law1. Constitutions: Federal, State
2. Statues: Federal, State
3. Administrative Regulations: Federal, State & Local level
4. Executive Orders: President, State Governors
5. Case Law: Common Law
6. Private Law
 Customdevelops over time and through repeated conduct (i.e. recycling in Germany is mandatory)
 3 Aspects of Custom1. Educate yourself about cultures with whom you are conducting business
2. Watch personal space
3. Be careful with gifts
 Treatiesan agreement between or among nations on a subject of international law, signed by leaders of nations and radified by government bodies
 3 Types of Treaties1. Bi-Lateral: between 2 nations
2. Mulit-Lateral: amongst several nations
3. General/Universal: recognized by mostly all nations
 Ethics Definedhigher than the law; ethics can be taught
 Standardsgenerally accepted rules of conduct that govern society
 Rulesstandards and expectations for behavior
 3 Layers of Business Ethics1. Basic Values
2. Notions of Fairness
3. Social Responsibility
 Basic Valueshonesty, not stealing, keeping promises, etc.
 Notions of Fairnesshow we treat others
 Social Responsibilityfocus on how business acts with community, the environment and its neighbors
 Dilemma with Ethicsemployees often think they have to go with the company's ethics and go against their own
 4 Sources of Moral Standards1. Positive (Actual) Law
2. Natural Law
3. Moral Relativism
4. Religious Beliefs
 Positive (Actual) Lawbase morals on whether an activity is illegal/legal
 Natural Lawidea that some standards do not exist because of the law or might exist despite the law
 Moral Relativism (Situational Ethics)We establish moral standard according to the situation we are in

(i.e. Telling the half-truth)
 Religious Beliefsfollowing the Bible, etc.
 12 Categories of Ethical Dilemmas1. Stealing 2. Lying 3. Giving or Allowing False Impression 4. Buying Influence/Conflict of Interest 5. Hiding Information 6. Talking Unfair Advantage 7. Committing Acts of Personal Decadence 8. Perpetrating Interpersonal Abuse 9. Permitting Organizational Abuse 10. Violating Rules 11. Condoning Unethical Actions 12. Balancing Ethical Dilemmas
 5 Resolutions for Ethical Dilemma1. Blanchard & Peale Model
2. Front of the Newspaper Test
3. Laura Nash Model
4. Wall Street Journal Model
5. The Golden Rule
 Blanchard & Peale ModelAsk 3 Questions:
1. Is it legal?
2. Is it balanced? (consider perspective of other parties involved)
3. How does it make me feel? (assess comfort level of decison)
 Front of the Newspaper Testhow would a reporter portray your decision in the news; summon decision into one phrase
 Laura Nash ModelAsk 4 Questions:
1. How would I view problem on other side of fence?
2. Am I able to discuss my decision with family & friends?
3. Remind yourself of what you're trying to accomplish.
4. Will I still be comfortable with my decision over time?
 Wall Street Journal Model3 C's:
1. Compliance
2. Contribution
3. Consequences
 8 Types of Rationalizations1. Everybody else does it
2. If we don't do it, someone else will
3. We'll wait until lawyers tell us its wrong
4. It doesn't really hurt anyone
5. Unfair System
6. I was just following orders
7. Its a gray area
8. You should've seen what they did
 Ethical Postures & Business Practices: 2 Questions1. Whose interest does the company serve?
2. What is the best way to serve that interest?
 Ethical Postures & Business Practices: 4 Answers1. Shareholders, Shareholders
2. Shareholders, Society
3. Society, Shareholders
4. Society, Society
 Ethical Postures & Business Practices: 4 Schools of Thought1. Inherence School: Shareholders, Shareholders
2. Enighten Self-Interest: Shareholders, Society
3. Invisible Hand: Society, Shareholders
4. Social Responsibility: Society, Society
 2 Types of Courts1. Trial Courts
2. Appellate Courts
 Trial Courtswhere we get our first decision, rendered from a judge or jury
 Appellate Courtswhere we review trial courts decision; determine if law was applied, checks & balances; most case law comes from this court; usually 3 judges
 Bench Trialjudge acts as the jury
 Judicial Review: 3 Errors1. Reverse Error: outcome could be mixed up
2. Affirming: lower court did this correctly
3. Minimal Error
 Stare Decisis"Let the Decision Stand"
 Setting Precedentusing decisions from past and apply to present situation; try to follow the past to maintain consistency
 Plaintiffs: Civil v. Criminal1. Civil: person who initiates lawsuit
2. Criminal: ?
 Defendants: Civil v. Criminal1. Civil: the one being sued, seeking recovery
2. Criminal: charges against them
 Judgescontrol procedings in a case; in KY judges are elected; federal court judges are appointed by the President
 KY Court System: 9 Types of District Court1. Civil <$4000
2. Probate (wills, name changed)
3. Forcable Detainers (evictions)
4. Criminal (misdemeanors)
5. Traffic Court
6. Domestic Violence
7. Paternity
8. DN&A: Dependency, Negligence & Abuse Cases
9. Juveniles
**6-9 if county has Family Court
 KY Court System: District Courtone in each county, this is a trial court, a court of limited jurisdiction
 KY Court System: Circuit Courtgenerally trial court, but in some instances is appellate; one in each county, court of general jurisdiction
 KY Court System: 4 Types of Circuit Court1. Civil > $4000
2. Criminal (Felonies)
3. Family (Divorces, Adoptions or Terminal Parental Rights)
4. Appeals (from district court or administrative appeals)

**3 is in Family Court if the County has it
 KY Court System: 7 Aspects of Family CourtKY is pilot for Family Court
1. Domestic Violence
2. Paternity
3. Dependency, Negligence, & Abuse
4. Juveniles
5. Divorces
6. Adoption
7. Termination of Parental Rights
**1-4 from District, 5-7 from Circuit
 KY Supreme Courtappellate court
 KY Court System: 5 Types of Courts1. District
2. Circuit
3. Family
4. KY Court of Appeals
5. KY Supreme Court
 Rules of Practice & Procedureestablished rules of conduct for judges and attorneys
 4 Types of Federal Court1. U.S. District Court
2. Specialty Court
3. U.S. Court of Appeals
4. U.S. Supreme Court
 U.S. District Courtwill be published as case law
 Specialty CourtCreated by Congress, limited jurisdiction
Bankruptcy Court, Tax Court, Etc.
 U.S. Court of Appealsmost appeals come from U.S. District Court
 U.S. Supreme Court9 justices (appointed by President)
 JurisdictionCourt's power and authority to hear a case; subject matter & personal
 Subject Matter Jurisdiction: 5 Factors1. Limitation on the type of case a court can hear
2. Federal Court (3 ways)
3. Exclusive
4. Concurrent (at the same time): you have a choice between federal & state court
5. Federal Preference (consider bias or prejudice of public)
 3 Ways to get to Federal Court1. Anytime the U.S. is a party to the case
2. It is a Federal Question
3. Diversity Jurisdiction: 2 Parts (must have both)
a) Citizens from different states AND b) Amount of controversy is $75,000+
 Personal Jurisdictionauthority over the person; look at through eyes of the defendent
 Personal Jurisdiction: 3 Ways1. In Rem Jurisdiction
2. Volunteer Jurisdiction
3.In defendant is present in state of jurisdiction
 Personal Jurisdiction: In Rem Jurisdictionjurisdiction over the personal to the extent the person has property in jurisdiction and that property is subject matter of the lawsuit
 Personal Jurisdiction: Volunteer Jurisdictionagree to be part of a court process, or because you have signed a contract
 Personal Jurisdiction: Defendant Present1. Defendant is physically located in jurisdiction
2. Minimum Contacts: does the defendant have a sufficient enough connection; focus on fairness
3. Long Arm Statutes: can allow court to extend arm out to another state, reciprocation
 VenueThe geographic location to where we hear a case; proper where the case is most convenient; change of venue -- fairness, this is up to trial court judge but can be appealed
 Standing to SueThe litigate mus show that he or she has sufficient interest in the outcome of the case
 International Courtsonly parties involved, if you're there you agreed to it; International Court of Justice, Etc.
 3 Criticisms of our Court System1. Time
2. Money
3. Corruption, Bias, How Equal Justice is Dispensed
 Alternative Dispute Resolution (ADR)on the increase in the last 15-20 years; can be formal or informal; can be used instead of traditional litigation or can be used along with litigation
 8 Types of ADR1. Arbitration
2. Mediation
3. Medarb
4. Mini Trial
5. Rent-A-Judge
6. Summary Jury Trials
7. Early Neutral Evaluation
8. Peer Review Process
 Arbitration: 4 AspectsGenerally binding on the parties; 1 or several people could be the arbitrator

1. Courts generally will uphold what the arbitrator decides
2. Faster than litigation, because once the arbitrator makes the decision, that's it
3. Can be expensive
4. Handled privately
 Mediation: 3 AspectsMediator will meet with parties and try to facilitate an agreement between the two; this is usually used along with litigation for divorce; mediators are trained (do not have to be attorneys but can be)

1. Confidential
2. Less Expensive
3. Courts Require this often
 MedarbCross between mediation and arbitration.
1. Starts with mediation process
2. When mediation fails, arbitrator picks up and makes decision
 Mini TrialOften reserved for business disputes
1. Neutral adviser is usually an old judge
2. Purpose is for businesses to have a chance to get them talking and negotiating
 Rent-A-Judgei.e. Judge Judy, Judge Joe, Judge Mathis
1. This is a fast process, and fairly inexpensive
2. Usually go with the judges suggested outcome
 Summary of Jury Trials1. Usually for cases involving a lot of money
2. Gives the parties an idea of where they stand before an actual trial occurs
3. Very expensive
 Early Neutral Evaluationhappens before a case is filed; they will go to an attorney, present case and gather whether it is beneficial to litigate

1. often leads to settlement
2. reduces costs
 Peer Review Processemployer vs. employees; present case to a group of people who will provide feedback to both parties
 Lit V. ADR: 5 Factors1. Speed & Cost -- consider the $ and time taken away from your business
2. Privacy -- court is open to public so ADR offers confidentiality
3. Creative Remedies
4. Jury Unknowns
5. Absence of Technocalities
 Litigationlawsuits have to have legal information to move forward
 Pleadingsdocuments filed by the parties with the court; 2 types: complaint & summons
 Pleadings: Complaintfile a complaint and receive a number
1. identify parties (plaintiff, defendant)
2. statement on jurisdiction
3. basis of action
4. prayer for relief
 Pleadings: Summonsissued by the court clerk, informs defendant that they are being sued
 Answer to Pleadings: 3 Types1. Counter claim
2. Cross Claim
3. Third Party Complaint
 Defensesin your answer there are often affirmative defenses
 Motionsthings that occur between complaint & trial date
 Discoverythe primary information gathering stage of the litigation process
 Discovery: 5 Methods1. Depositions
2. Interrogatories
3. Request for Documents
4. Admissions
5. Examinations
 Depositionsparty answers questions under oath
 Interrogatoriesa person will answer written questions in writing and swear to being truthful
 AdmissionsA party is given a statement and told to admit or deny
 6 Benefits of Litigation1. Preserve Testimony
2. Reduces Perjury
3. Promotes Settlement
4. Narrows Issues
5. Concludes the Case
6. Prevents Surprises
  Pre-Trial ConferenceA court can get you to try and settle this before actual trial court--> may suggest mediation
 Civil Trial: 10 Parts1. Fact Finder
2. Voir Dire
3. Peremptory
4. Opening Statement
5. Burden of Proof
6. Defendants Case
7. Closing Statements
8. Deliberation/Verdict
9. Post Trial
10. Appeals
 Voir Direquestioning of potential jurers, goal is to have a fair jury
**For Cause
 PeremptoryYou can get rid of a jurer for an unknown reason but you are only given a certain number
 Opening Statementseach side talks through attorney, plaintiff first, defendant second
 Burden of ProofPer Ponderance of Evidence
Beyond Reasonable Doubt
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