Court Procedures

Question 1

what are procedural rules?

Answer 1

provide a framework for every dispute and specify what must be done at each stage of litigation process

Question 2

what is the federal rules of civil procedures

Answer 2

rule control procedural matters in civil trials brought before the feral district courts

Question 3

what are the stages of litigation

Answer 3

pre-trial
trial
posttrial

Question 4

What is the first step to pre trial

Answer 4

hiring an attorney

Question 5

what does the pretrial litigation process involve

Answer 5

• filings and pleadings
• discovery
• sometimes pretrial conference and jury selection

Question 6

what are the pleadings

Answer 6

Written documents that inform each of the parties of one another’s claims and defenses and specify the issue involved in the lawsuit

Question 7

what are the primary pleadings

Answer 7

complaint, answer

Question 8

what is a complaint/petition

Answer 8

it is made by the plaintiff and does the following:

Establishes Jurisdiction
Statement of the facts
Provides the legal basis
Request for damages

Question 9

What must happen for a lawsuit to begin

Answer 9

a plaintiff must deliver or serve a copy of the complaint and summons

Question 10

what is service of process

Answer 10

the delivery of the complaint and summons to the defendant

A court may not exercise jurisdiction over a defendant until it has proof that the defendant was properly served (means they have notice of the lawsuit)

Question 11

what is the summons

Answer 11

informs the lawsuit, has date of response and where to file response

Question 12

what is a default judgement?

Answer 12

a judgement entered by the court against a defendant who has failed to appear in court to answer or defend the complaint

Question 13

What is the answer?

Answer 13

a defendants response to the plaintiffs complaint

Question 14

what is the answer

Answer 14

a defendants response to the complaint

Question 15

what does the defendant do in it’s answer

Answer 15

admits or denies each allegation stated in the complaint

Question 16

what is affirmative defense

Answer 16

a response to a plaintiff’s claim that does not deny the plaintiff’s facts but attacks the plaintiffs legal rights to bring action

Question 17

what is counterclaims

Answer 17

a claim made by a defendant in a civil lawsuit that in effect, sues the plaintiff

Question 18

what is a motion

Answer 18

attorney asking the court to do something on behalf of their client

Question 19

what is the pretrial motion

Answer 19

asking the court to do something before trial

Question 20

what is a motion to dismiss?

Answer 20

asking the court to dismiss something usually because of some technical flaw

Question 21

what is a motion for judgement on the pleadings

Answer 21

asking the court to to make a verdict based on the complaint and answer

Question 22

what is a motion for summary judgement

Answer 22

asking the court to decide based on the facts without a trial

Question 23

Discovery

Answer 23

phase of litigation during which the opposing parties may obtain information about each other

Question 24

What are the discovery rule

Answer 24

only allowed to look into matter relevant to the claim or defense of party

Question 25

Depostition

Answer 25

The testimony of a party to a lawsuit or of a witness taken under oath before a trial

Question 26

What does a deposition do

Answer 26

gives an attorney the opportunity to ask immediate follow-up questions and to evaluate how witnesses will conduct themselves at trial

Question 27

What is an interrogatory?

Answer 27

written questions from the other side in order to prepare for the trial

Question 28

what are the three takeaways of interrogatories

Answer 28

Sworn Testimony A lawyer can help you answer them Only go to parties, not witnesses

Question 29

What is request for production of docs

Answer 29

Can ask for any document, and the other party must give it to you as long as it pertains to the claim

Question 30

What is a pretrial conference

Answer 30

After discovery has taken place and before the trial begins, the attorneys may meet with the trial judge in a pretrial conference.

Question 31

what is the purpose of a pretrial conference

Answer 31

explore possibilities of settlement without trial

Question 32

What does the 7th amendment give you

Answer 32

rights to a jury trial for cases at law in the federal court

Question 33

What is voir dire?

Answer 33

the process of selecting jurors -attorneys question jurors and can pick 3 to not get picked for no reason

Question 34

What is the opening statement

Answer 34

a part of the actual trial made by the attorney prior to the presentation of evidence

Question 35

What is rules of evidence

Answer 35

There are a series of rules that the courts have created to ensure that any evidence presented during a trial is fair and reliable.

Question 36

Relevent evidence

Answer 36

only relevant evidence is admissible in court

Question 37

hearsay

Answer 37

Hearsay is a statement made outside of court that is offered to prove the truth of something that happened. Hearsay is generally not allowed in court because it's difficult to establish credibility when the person making the statement is not present.

Question 38

Direct examination

Answer 38

the examination of a witness by the attorney who calls the person to stand on behalf of their client

Question 39

what is a cross examination

Answer 39

The questioning of an opposing witness during a trial.

Question 40

What is an expert witnesses

Answer 40

As part of their cases, both the plaintiff and the defendant may present testimony from one or more expert witnesses

Question 41

Motion for a judgment as a matter of law

Answer 41

In a federal court, a party’s request that the judge enter a judgment in her or his favor before the case is submitted to a jury because the other party has not presented sufficient evidence to support the claim.

Question 42

closing arguments

Answer 42

an argument made after both plaintiff and defendant rested their cases

Question 43

verdict

Answer 43

Jurys formal decision

Question 44

what is a motion for a new trial

Answer 44

saying trial was so falwed that a new a new trial is necessary

Question 45

Motion for judgment N.O.V.

Answer 45

A motion for judgment notwithstanding the verdict (JNOV) is a request to a court to disregard a jury's verdict and enter a judgment for the opposing party. The motion is based on the argument that the jury's decision was unreasonable.

Question 46

What is the appeal

Answer 46

either party may appeal not only the verdict but also the judges ruling on any pretrial or posttrial motions

Question 47

what is a brief

Answer 47

a formal legal document submitted to an appellate court when a case is appealed

Question 48

what does the appellate brief outline?

Answer 48

- the facts of the issue - the judges ruling or jury findings that should be reversed or modified -the applicable law - the arguments on the clients behalf