Chapter 4 Flashcards
Process to resolve disputes
litigation
who can file a complaint?
someone who has personal jurisdiction over the case
someone’s mother cannot file a compliant for her son
plaintiff
file complaint and defendant must file an answer
X v Y notation
First name - plaintiff - pulled 1st trigger
Last name - defendant - must file an answer
who is the plaintiff in a criminal matter?
state
state v doe
parties in lawsuits
plaintiff vs defendant
for a counterclaim: counter plaintiff vs counter defendant
appellant vs appellee
petitioner vs respondent
third-party defendant
what 3 things do you need to get into court
Subject matter jurisdiction
Standing to sue
Personal jurisdiction
need to be the right person, filing the right type of case, in the right court
standing to sue
plaintiff must have personal stake in the resolution - skin in the game
cannot be a hypothetical claim
subject matter jurisdiction
Court must be able to hear type of case your bringing - power to hear type of case
ex. probate coirt, traffic couurt, federal courts
personal jurisdiction
Court’s authority over actual parties or persons of the case
ex. state can only hear from an individual that resides in that state excluding long arm statutes
long arm statute
One state permitted to exercise authority over another person in another state as long as that person might have some sort of contact
extradition
legal process of transferring a person from one country or state to another for criminal prosecution or punishment.
class-action suit
Filed on behalf of all with similar claim
class ex. - verizon users
multiple plaintiffs
litigation procedure steps
pleadings - complaint filed in response an answer
pretrial motions - evidence that undermines case
discovery (expensive)
pretrial conference - potential settlement
trial
post-trial motions
appeal
main purpose of pretrial pleadings
give notice of each parties intentions and attempt to define narrow issues for trial
types of disovery
Interrogatories
request for production of documents
Deposition
Request for admissions
scope of disovery
discoverable information, allowed if leads to evidence admissable during trial
why is discovery expensive
Time searching for info
Preparing depositions
Copying and shipping costs
Attorneys fees interpreting request
purpose of motions
attempt to end case before it goes forward
avoid uneccesary trials
ex. motion to dismiss, motion for directed verdict
what is a juror challenge
A procedure by which the parties may object to the composition of a jury before it is sworn
peremtory challenge
A peremptory challenge is a legal right to dismiss a potential juror during jury selection without providing a reason
steps of trial
jury selection
opening statement
presentation of evidence
directed verdict
closing arguments
indstruction to jury
jury verdict
burden of proof for criminal cases
beyond a reasonable doubt bc has potential to impact someone’s livelihood and freedoms
civil cases
preponderance of evidence
clear and convincing proof
JNOV
judgement notwithstanding the verdict
if theres a screw up, post trial motion
judge may enter counter in jury’s verdict
