Chapter 3 Flashcards
Adversarial System
The parties themselves (acting through attorneys) research the law and develop the facts. They decide which issues are going to presented, which legal arguments are going to be made, what evidence should be gathered, etc. Parties and their attorneys have primary control. Requires fewer judges. Cost in private sector.
Inquisitorial System
Trial judge has more control over the process and parties have much less. Requires more energy and time devoted to a case by public officials. Costs is on tax payers.
Complaint
sets forth the plaintiff’s version of the facts and ends with a request for a certain remedy based on these facts. The plaintiff alleges those facts that, if ultimately proved by the evidence, will establish a legally recognized claim against the defendant.
Restitution
a return of the purchase price
Motion to Dismiss
(demurrer) The defendant will file such a motion istead of an answer if they believe that the plaintiff has no claim even if all the allegations in the complaint are true.
The Answer
May include several components. 1.) Denial of the plaintiff’s allegations 2.) Legally recognized defense (affirmative defense). A defense beats the plantiff’s claim even if the plaintiff is able to prove those facts that establish all the elements of the claim. 3.) Possible counterclaim
Pretrial Discovery Stage
much of the evidence that each party was going to rely on in proving his or her version of the facts would be fully disclosed to the other party before the case came to trial.
Most common discovery tools
1.) depositions 2.) interrogatories 3.) requests for production of documents.
Deposition
testimony of a witness taken outside of court. Given under oath. 1.) Learn what key witnesses know about the case 2.) Gain leads that will help obtain additional information 3.) to preserve the testimony of a witness who might die or disappear 4.) to establish a foundation for cross-examination of witnesses who might later change their stories
Interrogatories
Written questions submitted by one party to the other that must be answered under oath.
Demand for documents
permits a party to gain access to hose kinds of evidence that are in possession of the other party. A party must make a good faith effort to comply with the other party’s legitimate discovery request.
Summary Judgment for Defendant
In filing such a motion a party is arguing to the judge that the evidence produced by discovery makes it so clear the the moving party is legally entitle to prevail that a trial would be a waste of time. A judge should grant a motion only if a thorough review of the evidence obtained through discovery indicates that there is “no genuine issue as to material fact” that is, there is no real question as to any important factual matter. If a defendant files a motion for summary judgment, it will be granted unless the plaintiff has presented at least enough evidence during discovery to create a genuine issue on all required elements of its claim.
Summary Judgment for Plaintiff
However, if a plaintiff files the motion, the judge will grant if only if 1.) the plaintiff has produced evidence so stong that it proves all of the elements of its claim so clearly that there is no genuine fact issue on any of these elements. 2.) the defendant has failed to present evidence that creates dowbt about any of these elements and 3.) the defendant also has failed to present evidence sufficient to create a genuine issue regarding an affirmative defense
Burden of Proof
Plaintiff–the duty to prove the facts alleged in the complaint. In a normal civil case, plaintiff must convince the fact finder of the truth of the allegation by a preponderance of evidence. (more likely than not).
Rules of Evidence
Attempt to ensure that the evidence presented in court of law is relevant to the issues and is as accurate and reliable as possible. Will be excluded only of other side objects.
