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LAW 3220 > Chapter 3 > Flashcards

Chapter 3 Flashcards

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1
Q

Parties to a Lawsuit:

A

(1) Plaintiff
(2) Defendant
(3) Prosecutor [criminal cases only]
(4) Judge
(5) Jury

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2
Q

Files the complaint

A

Plaintiff

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3
Q

Responds to complaint in defense of self

A

Defendant

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4
Q

Courtroom moderator; gives verdict (decision) if no jury

A

Judge

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5
Q

Citizens who listen, observe, and ultimately make a verdict

A

Jury

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6
Q

Plaintiff vs. Defendant

A

Civil Case

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7
Q

State vs. Defendant

A

Criminal Case

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8
Q

Not guaranteed right to a jury

A

Civil Case

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9
Q

Guaranteed right to a jury

A

Criminal Case

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10
Q

Formal documents filed with the court stating the parties positions

A

Pleading

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11
Q

Complaint filed by Plaintiff

A

1st Pleading

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12
Q
  • Established subject matter jurisdiction and personal jurisdiction
  • Documents the facts related to plaintiff’s complaint
  • Lists remedies sought by plaintiff
A

1st Pleading

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13
Q

Defendant must respond to Plaintiff’s complaint by

A

(1) Motion to Dismiss the Case
(2) Reply - Admit/ Deny the facts
(3) Counterclaim

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14
Q

Defendant claims court does not have proper SJM or PJ to hear case

A

Motion to Dismiss Case

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15
Q

Defendant admits to some of the facts presented in Plaintiff’s complaint, but denies the other of the facts presented are accurate

A

Reply - Admit/ Deny Facts

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16
Q

Defendant counter-complaint against Plaintiff (essentially a second lawsuit)

A

Counterclaim

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17
Q

Discovery Phase (Tools to Obtain Evidence):

A

(1) Deposition
(2) Interrogatories
(3) Expert Witnesses

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18
Q

In person, live questioning of a witness recorded by a court reporter. Not done in court, but usually in an office setting.

A

Deposition

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19
Q

Written questions submitted by one or both of the parties. Must be answered and signed as truth under oath

A

Interrogatories

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20
Q

Person invited to testify at trial because of specular knowledge in a particular field relevant to case

A

Expert Witnesses

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21
Q

Establishes whether an expert witness is a qualified expert. If this doesn’t happen and the case makes it up to the Supreme Court, then the case is done.

A

Daubert Hearing

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22
Q

Discovery Phase

A

(1) Order of Production of Documents
(2) Request for Admissions of Truth
(3) Request for Mental/ Physical Examination

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23
Q

Forced sharing of emails, medical bills, business record, videos, photos, etc.

A

Order of Production of Documents

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24
Q

Parties admit or deny that certain elements of the case are true so as to mitigate what needs to be proven in court.

A

Request for Admissions of Truth

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25
Q

Order a party to submit a medical or physical exam

A

Request for Mental/ Physical Examination

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26
Q

Sanctions (punishments) for failure to respond to discovery requests:

A

(1) Default Judgement

(2) Contempt of Court

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27
Q

Automatic victory to other party

A

Default Judgement

28
Q

Jail time or fines

A

Contempt of Court

29
Q

Pretrial Stage

A

Summary Judgement

30
Q
  • Requested by one of the parties before case goes to trial that the verdict be granted in their favor because the evidence recovered during discovery point to no genuine issue of material fact
  • Asking to rule in favor without going to trial
  • Losing party can always file an appeal on this
A

Summary Judgement (Motion happens only up to the start of trial)

31
Q
  • Right to a jury in some civil cases
  • Always a right in criminal cases
  • Generally a group of 12 citizens, but could be less based on jurisdiction statutory law
A

Jury Selection (Voir Dire)

32
Q

Attorney allowed 2 types of challenges to reject prospective jurors:

A

(1) Challenge for Cause

(2) Peremptory Challenge

33
Q
  • Have to document when questioning the juror and why they are questioning them
  • Can have as many as attorneys want
A

Challenge for Cause

34
Q
  • Dismiss Jurors without any Justification
  • Each attorney only has a few of these
  • Can not be race based
  • Don’t have to give a reason for dismissal
A

Preemptory Challenge

35
Q

Trial Steps

A

(1) Opening Statements
(2) Examination of Witnesses/ Evidence Introduced
(3) Closing Arguments
(4) Motion for Detected Verdict
(5) Verdict
(6) Judgement Notwithstanding Verdict

36
Q

Examination of Witnesses/ Introduce Evidence

A

(1) Direct Exam
(2) Cross Exam
(3) Redirect
(4) Re-cross
(5) REPEAT with different people

37
Q

Plaintiff’s attorney questions plaintiff (1st)

A

Direct Exam

38
Q

Defendant’s attorney questions plaintiff (2nd)

A

Cross Exam

39
Q

Plaintiff’s attorney re-questions plaintiff (3rd) (confined to matters dealt with in the cross exam)

A

Redirect

40
Q

Defendant’s attorney re-questions plaintiff (4th) (confined to matters dealt with redirect)

A

Re-Cross

41
Q

Made before case is handed to the jury requesting the judge to rule in favor of the party making the emotion (because no reasonable jury could find for opposing party)

A

Motion for Directed Verdict

42
Q

Preponderance of the evidence (tip of the scale in favor of Plaintiff or Defendant)

A

Civil Case Verdict

43
Q

Beyond a reasonable doubt (that defendant is guilty)

A

Criminal Case Verdict

44
Q

Made after the verdict is issued, asking the judge to overrule the jury’s verdict if clear that the law was applied improperly

A

Judgement Notwithstanding Verdict

45
Q

Remedies in Civil Litigation

A

(1) Monetary Damages

(2) Equitable Remedies

46
Q

Monetary Damages

A

(1) Compensatory

(2) Punitive

47
Q

Compensate the victim for whatever damages they covered

A

Compensatory

48
Q

There to punish the wrongdoer (Usually DUI cases do this)

A

Punitive

49
Q

Equitable Remedies

A

(1) Specific Performance

(2) Injunction

50
Q
  • Requires offending party to do what they had promised
  • Contract in place already
  • Transfer title to art, rare books, antiques, baseball cards
A

Specific Performance

51
Q
  • Direct somebody to do or not do something
  • No contract in place
  • Example: pay child support
A

Injunction

52
Q

Appellate Stage Decisions by the Court

A

(1) Majority Opinion
(2) Concurring Opinion
(3) Dissenting Opinion

53
Q
  • Documents the winning party
  • Always have majority opinions
  • 2 or more judges in a 3-judge panel must make up the majority opinion
  • 5 or more judges in the Supreme Court make up the majority opinion
A

Appellate Stage Majority Opinion

54
Q
  • One or more of the majority agrees with the holding but may have a different reason as to why they feel that plaintiff won
  • Still agree with the verdict
A

Appellate Stage Concurring Opinion

55
Q
  • When 1 or more judges disagrees with the majority
  • Document a disagreement but doesn’t change the verdict
  • Useful for litigations with similar arguments
A

Appellate Stage Dissenting Opinion

56
Q

Appellate Stage Outcomes of Decisions

A

(1) Affirm
(2) Modify
(3) Reverse
(4) Remand

57
Q

Appellate court agrees with the lower court’s decision

A

Appellate Stage Affirm

58
Q

Appellate court agrees the law was applied properly but think there are things that need to be verified

A

Appellate Stage Modify

59
Q

Appellate court disagrees with the district court

A

Appellate Stage Reverse

60
Q

Send verdict back to lower court to relitigate that part and decide if the verdict decided was proper

A

Appellate Stage Remand

61
Q
  • If no further appeal is available, judgement is final and binding
A

Enforcing Judgement

62
Q

Court orders an official (sheriff) to satisfy the judgement through an act (such as seizure of property, garnishment of wages, etc.)

A

Writ of Execution

63
Q
  • Most widely recognized form of alternative dispute resolution
  • Much faster than a trial
A

Arbitration

64
Q
  • Neutral 3rd party that makes a binding decision
  • Decision is final and generally not appealable
  • Exception: Evidence of corruption, fraud, serious procedural misconduct, exceeding power
A

Arbitrator

65
Q
  • Least formal form of ADR
  • Parties settle matters between themselves, usually with lawyers
  • Settlement is usually drafter into a contract, which is enforceable by the courts
A

Negotiation

66
Q

Neutral 3rd person that helps two parties come to an agreement, but the mediator’s recommendations are not binding

A

Mediator

67
Q
  • Whatever a mediator hears during the process is completely confidential
  • If they go to court, mediator can not be witness
A

Mediation

LAW 3220 (14 decks)

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