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Ch 28: CEOE Business Education: Legal Procedures

About This Chapter

The fast and flexible video lessons in this chapter offer a convenient method to study for the CEOE Business Education exam. You'll be ready to answer questions about legal procedures in no time after you watch these videos.

CEOE Business Education: Legal Procedures - Chapter Summary

Before you register for the CEOE Business Education exam, get a refresher on the legal procedures topics you studied in college and will need to demonstrate mastery of on the exam. Each of our short lessons breaks down elements of legal procedures into bite-sized chunks covering:

  • The process of starting a lawsuit
  • Threshold requirements
  • Pretrial pleadings and defendant's response in civil litigation
  • Jury trial and delivery of verdict in a civil litigation
  • The civil appeals process
  • Dispute resolution alternatives
  • Constitutional requirements of a criminal trial
  • Reasonable doubt and Writ of Habeas Corpus

Prepare for the CEOE Business Education exam on your terms, choosing when and where you want to view our mobile friendly lessons that can be re-watched as often as needed. These lessons come with video tags so you can review main points of each video as part of your study process.

Objectives of the CEOE Business Education: Legal Procedures Chapter

Legal procedures are part of the business management subarea of the CEOE Business Education exam. Composed of five subareas, this exam is used to determine how much you know about business concepts before you can earn a teaching license and step into a classroom. Business management covers about 25% of the exam, which also tests you on marketing, info systems, finance and accounting fundamentals.

Questions are primarily multiple choice (though there is also one constructed-response question) and may ask you to read a passage and answer questions about it, fill in the blank with the most appropriate option or view an image and pick the best response from a series of answers. Stay stress free by getting a feel for the format of these questions with our self-assessment quizzes. In addition to testing your knowledge of the legal procedures material on the exam, these quizzes use the same format as the multiple-choice questions on the exam.

10 Lessons in Chapter 28: CEOE Business Education: Legal Procedures
Starting a Lawsuit: Parties & Beginning Process

1. Starting a Lawsuit: Parties & Beginning Process

There are two parties to a lawsuit: the plaintiff, who initiates the lawsuit, and the defendant, who defends against the allegations waged against him. A lawsuit is a process that involves several steps beginning with the filing of a complaint and ending with a judge's or jury's decision.

Threshold Requirements: Standing, Case or Controversy & Ripeness

2. Threshold Requirements: Standing, Case or Controversy & Ripeness

Threshold requirements are conditions that a plaintiff must meet in order to take another person or entity to court. There are threshold requirements for standing, case and controversy and ripeness. With all three, the court will require answers to specific questions to determine whether legal action can be taken against a party.

Pretrial Pleadings & Service of Process in Civil Litigation

3. Pretrial Pleadings & Service of Process in Civil Litigation

Before a trial begins, there are several pleadings a plaintiff and defendant must file with the court to set a lawsuit into motion and this is known as the pretrial stage of a trial. Some common pleadings include a complaint, summons, motion to dismiss and motion for judgment.

Defendant's Response & Motions in Civil Litigation

4. Defendant's Response & Motions in Civil Litigation

Once a plaintiff initiates a civil lawsuit, the defendant must respond within a certain period of time depending on the particular state's requirements. The defendant responds by answering the complaint or filing a motion with the court.

Jury Trial and Selection in Civil Litigation

5. Jury Trial and Selection in Civil Litigation

When a civil action leads to a trial, a jury is selected. The selection process general involves the parties or attorneys for the parties to question potential jurors from a pool of jury candidates. Once a jury is selected, the jury trial moves through various steps ending in a final decision.

Delivering a Verdict in Civil Litigation

6. Delivering a Verdict in Civil Litigation

In any court case, the end result is a verdict. However, there are several roads that lead to the verdict, including motion to dismiss, directed verdict, special verdict and judgment notwithstanding the verdict.

Civil Appeals Process: Parties, Briefs & Oral Arguments

7. Civil Appeals Process: Parties, Briefs & Oral Arguments

The civil appeals process allows for a losing party to a lawsuit to request a higher court to review the decision to determine whether legal errors were made during the original trial.

Alternative Forms of Dispute Resolution: Negotiation, Mediation & Arbitration

8. Alternative Forms of Dispute Resolution: Negotiation, Mediation & Arbitration

In the eyes of the law, there are several ways a dispute can be settled. Some disputes can simply be negotiated to a win-win outcome. Others may require a third party to assist in coming up with solutions to remedy a situation.

Constitutional Requirements of a Criminal Trial

9. Constitutional Requirements of a Criminal Trial

In criminal court, a defendant will rely heavily on his constitutional rights to a fair trial. These rights, specifically the Fifth and Sixth Amendment Rights provide the requirements for a criminal trial. Some rights include right to a speedy trial, right to counsel and a right to an impartial jury. There are several other equally important rights that this important amendment protects.

Writ of Habeas Corpus & Reasonable Doubt in a Criminal Trial

10. Writ of Habeas Corpus & Reasonable Doubt in a Criminal Trial

In a last ditch effort to be free, a person in custody, after exhausting all appeals and motions, may file a writ of habeas corpus requesting further investigation of his constitutional rights in an attempt to be set free.

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Other Chapters

Other chapters within the CEOE Business Education: Practice & Study Guide course

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