Chapter 4/5

Question 1

Burden of proof required to win case under the Criminal justice system

Answer 1

prove the defendant’s guilt beyond a reasonable doubt

Question 1

Burden of proof required to win case under the Civil justice system

Answer 1

preponderance of evidence
where one side must show that their claim is more probable than the other side’s

Question 2

Two types of jurisdiction

Answer 2

1. Personal Jurisdiction
2. In Rem

Question 3

Personal jurisdiction

Answer 3

• individuals can be sued in the state they reside
• corporations can be sued where they’re incorporated or where they do business

Question 4

In Rem

Answer 4

determined by the location of the property in dispute

Question 5

Original jurisdiction

Answer 5

the case is heard and decided for the first time

Question 6

appellate jurisdiction

Answer 6

power to review a prior decision in the same case made by another court

Question 7

Under what circumstances must a court hear an appeal

Answer 7

can only hear and rule on questions of law

Question 8

When does federal jurisdiction exist

Answer 8

Federal question: case contains dispute involving the U.S. constitution or statute
Diversity of citizenship: the parties in dispute re from different states and exceeds $75,000

Question 9

Standing to sue

Answer 9

Harm: the plaintiff was harmed in a real & unique way
Causation: connection between the complaint and the injury
Remedy: It must be likely that a favorable court decision could remedy the injury

Question 10

Exclusive Jurisdiction

Answer 10

Only one court has power to hear the case

Question 11

Concurrent Jurisdiction

Answer 11

More than one court can hear the case

Question 12

Alternate Dispute Resolution(ADR)

Answer 12

Resolving disputes without going to trial

Question 13

Negotiation (ADR)

Answer 13

settlement talks by the parties can their attorneys with the goal of trying to resolve the case. no 3rd party

Question 14

Mediation (ADR)

Answer 14

Neutral 3rd party (mediator) suggests ways to resolve dispute

Question 15

Arbitration (ADR)

Answer 15

Uses arbitrator to hear a dispute and imposes resolutionon the parties. (legal binding decision)

Question 16

A court will set aside an arbitrator’s award if

Answer 16

it’s resulted from corruption, fraud, or arbitrator has bias

Question 17

Purpose of plaintiff’s complaints

Answer 17

Jurisdiction: states facts showing a specific court has jurisdiction
Legal theory: states facts establishing why the plaintiff is entitled to recovery
Remedy: demand for relief

Question 18

Purpose of defendant’s answer

Answer 18

For each allegation the defendant must:
admit, deny, or say they don’t have enough knowledge to admit or deny

Question 19

Pretrial Motions

Answer 19

1. Motion to Dismiss
2. Motion for Judgement on the Pleadings
3. Motion for Summary Judgement

Question 20

Motion to Dismiss

Answer 20

Asks the court to dismiss case for lack of jurisiction or failure to state a claim

Question 21

Motion for Judgement on the Pleadings

Answer 21

Asks court to enter judgement based on the pleadings because there are no facts in dispute

Question 22

Motion for Summary Judgement

Answer 22

asks a court to decide a case without a trial. Asks to review pleadings and discover and enter a judgment in their favor because there are no facts in dispute

Question 23

Definition and purpose of a Deposition

Answer 23

a recorded testimony of the parties and other key witnesses

Question 24

Purpose of Voir Dire

Answer 24

makes sure there is a fair jury selected and not biased

Question 25

Types of questioning witnesses

Answer 25

1. Direct examination
2. Cross-examination
3. Redirect examination
4. Recross-examination

Question 26

Direct examination

Answer 26

by the party who called the witness

Question 27

Cross-examination

Answer 27

by the opposing party

Question 28

purpose of and when a Motion for Directed Verdict can be made

Answer 28

asks the judge to decide the case during the trial, usually after the other side has presented their evidence. Saying there isn’t enough evidence for the jury to decide in the other party’s favor.

Question 29

Post-Trial Motions

Answer 29

1. Motion for New Trial
2. Motion for Judgement

Question 30

Motion for New Trial

Answer 30

Saying the trial was flawed by
1. error by judge
2. new discovered evidence
3. Prejudice

Question 31

Motion for Judgement

Answer 31

asking the court to reverse the jury’s verdict

Question 32

When can Appellate courts appeal

Answer 32

Appellants must have legitimate grounds for appeal

Question 33

Appellate court rulings

Answer 33

1. affirms the trial court’s judgment
2. reverses part or all of the judgment and remands the case for an additional trial
3. reverses part or all of the judgment and renders a new ruling without another trial
4. modifies the lower court’s decision