Chapter 4/5 Flashcards
Burden of proof required to win case under the Criminal justice system
prove the defendant’s guilt beyond a reasonable doubt
Burden of proof required to win case under the Civil justice system
preponderance of evidence
where one side must show that their claim is more probable than the other side’s
Two types of jurisdiction
- Personal Jurisdiction
- In Rem
Personal jurisdiction
- individuals can be sued in the state they reside
- corporations can be sued where they’re incorporated or where they do business
In Rem
determined by the location of the property in dispute
Original jurisdiction
the case is heard and decided for the first time
appellate jurisdiction
power to review a prior decision in the same case made by another court
Under what circumstances must a court hear an appeal
can only hear and rule on questions of law
When does federal jurisdiction exist
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
Standing to sue
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
Exclusive Jurisdiction
Only one court has power to hear the case
Concurrent Jurisdiction
More than one court can hear the case
Alternate Dispute Resolution(ADR)
Resolving disputes without going to trial
Negotiation (ADR)
settlement talks by the parties can their attorneys with the goal of trying to resolve the case. no 3rd party
Mediation (ADR)
Neutral 3rd party (mediator) suggests ways to resolve dispute
Arbitration (ADR)
Uses arbitrator to hear a dispute and imposes resolutionon the parties. (legal binding decision)
A court will set aside an arbitrator’s award if
it’s resulted from corruption, fraud, or arbitrator has bias
Purpose of plaintiff’s complaints
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
Purpose of defendant’s answer
For each allegation the defendant must:
admit, deny, or say they don’t have enough knowledge to admit or deny
Pretrial Motions
- Motion to Dismiss
- Motion for Judgement on the Pleadings
- Motion for Summary Judgement
Motion to Dismiss
Asks the court to dismiss case for lack of jurisiction or failure to state a claim
Motion for Judgement on the Pleadings
Asks court to enter judgement based on the pleadings because there are no facts in dispute
Motion for Summary Judgement
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
Definition and purpose of a Deposition
a recorded testimony of the parties and other key witnesses
Purpose of Voir Dire
makes sure there is a fair jury selected and not biased
Types of questioning witnesses
- Direct examination
- Cross-examination
- Redirect examination
- Recross-examination
Direct examination
by the party who called the witness
Cross-examination
by the opposing party
purpose of and when a Motion for Directed Verdict can be made
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.
Post-Trial Motions
- Motion for New Trial
- Motion for Judgement
Motion for New Trial
Saying the trial was flawed by
1. error by judge
2. new discovered evidence
3. Prejudice
Motion for Judgement
asking the court to reverse the jury’s verdict
When can Appellate courts appeal
Appellants must have legitimate grounds for appeal
Appellate court rulings
- affirms the trial court’s judgment
- reverses part or all of the judgment and remands the case for an additional trial
- reverses part or all of the judgment and renders a new ruling without another trial
- modifies the lower court’s decision
