Law 3800
Dr. Edmonds
Week Three Study Guide
Chapter 3
I.
What is a “Complaint” in the context of a lawsuit, and what must it contain
in order to successfully begin a lawsuit?
II.
What is meant by “service of process” and how can it be accomplished in
most states?
III.
When a defendant is served with a complaint, what must the defendant do?
IV.
What is an “answer”?
V.
What happens if defendant fails to respond in the allotted time?
VI.
What is a “class action” lawsuit?
VII. When might a defendant file a motion for judgment on the pleadings?
Look up Limitation of actions, MCL 600.5805
VIII. What is “discovery” in a lawsuit?
IX.
Give two reasons why courts favor discovery.
X.
List the four forms of discovery discussed in class, and explain their
operation. Know to whom each form may be directed, e.g. “party only”,
“party or any witness” and why.
XI.
Explain when a party might be able to object to discovery and how. Also
address how a party might force another party to respond to discovery and
what sanctions a court might take for failure by a party to comply with a
discovery order.
XII. How does discovery work with e-data (e.g. e-mails)? Can such discovery be
used as a “tool” by a party? How?
Study guide, Week Three, page 2
XIII. On what grounds may a party move for “summary judgment”? When? What
happens if the party prevails (wins on the motion)? What is a “partial
summary judgment”?
XIV. Contrast an adversarial justice system with an inquisitorial system; which
one do we use? How does that impact the role of an attorney in our system?
XV. Explain jury selection and voir dire.
XVI. What is meant by “alternative dispute resolution”? As an alternative to
what?
XVII. List three forms of ADR, ranking them from least complicated to most
complicated. Explain how each works.
XVIII.Why do courts favor ADR? What are some potential benefits to the parties
to a dispute who successfully use an ADR method?