Chapter 5

Question 1

American & English courts follow the?

Answer 1

adversarial system of justice

Question 2

Procedural Rules

Answer 2

significant impact on person’s ability to pursue a legal claim.

Question 3

Federal Rules of Civil Procedures (FRCP)

Answer 3

All civil trials held in federal courts are governed by the FRCP

Rules controlling procedural matters in civil trials brought before the federal district courts.

Question 4

Stages of Litigation

Answer 4

Pre-Trial

Trial

Post-Trial

Question 5

Typical Lawsuit Stages

Answer 5

Accident, Breach of contract or other event

Party hires a lawyer, who files a complaint and notifies (serves) the defendant.

Defendant’s attorney files an answer or a motion to dismiss

Pre-trial discovery, motions, pre-trial conference

Trial and post-trial motions and/or an appeal.

Question 6

Types of Attorney Fees

Answer 6

Fixed fees- charged for a specific performance

Hourly Fees- charged for matters that will involve indeterminate period of time. Cannot be precisely estimated in advance

Contingency fees- fixed as percentage (33 percent) of a client’s recovery in certain types of lawsuit. If unsuccessful, nothing although client will have to reimburse for out of pocket costs incurred.

Question 7

Compliant and Answer

Answer 7

Contains statements or allegations concerning the following

1) Jurisdiction- shows subject matter and personal jurisdiction
2) Legal theory- facts establishing claim and basis for relief
3)Remedy- amount of damages seeked

Question 8

Defendant’s Response

Answer 8

Affirmative defense- response to plaintiff’s claim that does not deny plaintiff’s facts but attack their legal right to bring an action.

Counterclaim- claim made by a defendant in civil lawsuit that in effect, sues the plaintiff. Plaintiff then needs to answer.

Question 9

Pre-Trial Conference

Answer 9

attorneys meet with the trial judge, informal discussion after the discovery has taken place. Purpose is to explore possibility of settlement without trial. Set ground rules to restrict number of expert witnesses or types of evidence.

Question 10

The Right to Jury Trial

Answer 10

parties may request this method, if not then judge decides the case

Question 11

Rule of Evidence

Answer 11

series of rules that the court created to ensure that any evidence presented during a trial is fair and reliable

Question 12

Direct Examination

Answer 12

examination of witness by attorney who calls the witness to the stand at trial to testify on behalf of the attorney’s client

Question 13

Cross-Examination

Answer 13

questioning of an opposing witness during a trial.

Question 14

Rebuttal

Answer 14

additional evidence offered to refute defendant’s case

Question 15

Rejoinder

Answer 15

Rejoinder-refute the evidence in rebuttal

Question 16

Closing Arguments

Answer 16

Closing arguments- summarizes the fact and evidence presented and indicates why facts/evidence support their client’s claim

Question 17

Verdict

Answer 17

Verdict- specifies the jury’s factual findings

Question 18

Review by Appellate

Answer 18

1. Affirm the trial’s decision
2. Reverse the trial’s judgment
3. Remand (send back) for further proceedings
4. In part (affirm or reverse) affirms the case but remands on other issue
5. Modify a lower court’s decision.

Question 19

Writ of Execution

Answer 19

order directing the sheriff to seize and sell the defendant’s nonexempt assets or property

Question 20

Availability of Assets

Answer 20

found in process of discovery to see if can satisfy the judgment