Chapter 3

Question 1

What is the process of litigation?

Answer 1

The process of resolving disputes through the court system.
1. filing a lawsuit
2. gathering evidence
3. going through discovery
4. pre-trial motions
5. a trial
6. possibly an appeal.

Question 2

What are trial phases?

Answer 2

1. jury selection
2. opening statements
3. presentation of evidence
4. cross-examination
5. closing arguments
6. jury deliberation
7. verdict
8. post-trial motions.

Question 3

How do most lawsuit settle?

Answer 3

Out of court

Question 4

Civil cases

Answer 4

Dispute between private parties

Question 5

Criminal cases

Answer 5

Prosecution by the government for violations of law

Question 6

Complaint

Answer 6

Formal initiation of a lawsuit

Question 7

Service

Answer 7

Summons notifying the defendant

Question 8

Answer

Answer 8

Defendants response, can include counterclaims

Question 9

Motions

Answer 9

Pretrial legal request (dismissal, summary judgment)

Question 10

Deposition

Answer 10

Witness testimony under oath

Question 11

Interrogatories

Answer 11

Written questions under oath

Question 12

Subpoena

Answer 12

Summons requiring a person to testify

Question 13

Attorney-client privilege

Answer 13

Protects confidential legal discussions

Question 14

Jury selection (Voir Dire)

Answer 14

Screening jurors for bias

Question 15

Sequestration

Answer 15

Isolating jurors/witnesses from media influence

Question 16

Opening statements

Answer 16

Overview of case by both sides

Question 17

Presentation of evidence

Answer 17

Direct and circumstantial evidence

Question 18

Cross-examination

Answer 18

Opposing attorney questions witnesses

Question 19

Closing arguments

Answer 19

Summarization of case to jury

Question 20

Standard of proof

Answer 20

Civil - preponderance of evidence
Criminal - beyond a reasonable doubt

Question 21

Directed verdict

Answer 21

Judges ruling before jury decision

Question 22

judgment notwithstanding the verdict (JNOV)

Answer 22

Overturning jury decision

Question 23

What are the three types of verdicts?

Answer 23

General, special, and general with interrogatories

Question 24

Arraignment

Answer 24

Formal reading of criminal charges

Question 25

Grand jury indictment

Answer 25

Determines if sufficient evidence exists

Question 26

Sentencing

Answer 26

Decision on punishment if found guilty

Question 27

Mistrial

Answer 27

Retrial allowed if the original trial was inconclusive

Question 28

Appellate review

Answer 28

Examining legal errors, not retrying facts

Question 29

Indictment

Answer 29

Grand jury formal charge

Question 30

Why is sequestration used?

Answer 30

Sequestration is used to prevent jurors from being influenced by outside information or opinions during a trial

Question 31

What are three discovery tools?

Answer 31

1. Interrogatories
2. Depositions
3. Physical and mental examinations

Question 32

What are three ways evidence is gathered?

Answer 32

1. Witness Testimony
2. Physical Evidence
3. Digital Evidence