Exam 1 Flashcards
1
Q
What is the work group phenomenon
A
Kay people hear evidence and put together puzzles better in groups.
They are better decides in a group than in isolation
2
Q
When is a right to a jury not available
A
- ) when there is not “enough jeopardy” at stake
- not enough money or no jail time - ) cases seeking equitable remedies-like divorces
- ) administrative practices
3
Q
Where is layperson justice not used
A
International tribunals for political enemies
Ex.) Nuremberg trials
4
Q
What harmful things can juries do
A
Racist mob rule
-south acquitted whites accused of murdering or raping African Americans
Leo frank: anti-semi fish
5
Q
What is clemency
A
Reduced sentencing or leniency in sentencing
Leo frank: was innocent so his sentence went form death to life in prison
6
Q
What happened to Leo frank
A
Jewish businessman Found guilty of killing little girl Didn't do it, went to jail Somebody confessed He gets life without parole instead of death Is lynched by mob
7
Q
When is it difficult for juries to work
A
Extreme social prejudice
-public clamor makes it difficult for an institution to work
No tabula rasa
8
Q
What are the civil transaction types
A
Money award damages
Injunctions, orders
Declaratory relief-sue for an answer only
Fines
9
Q
What are the criminal transaction types
A
Incarceration
Death
Probation-parole-restrict liberty
Fines
10
Q
What are the three forum types
A
Trial (orthodox)
Administrative (beureaucratic)
Appellate
11
Q
Describe the trial forum type
A
Formal procedure Combat over theories of events Official trial courts -common pleas -federal district court
12
Q
Describe the administrative forum type
A
Less formal procedure Administrative board or hearing officer (ALJ-administrative law judge) Administrative outcome -social security benefits -workers compensation
13
Q
Describe the appellate forum type
A
No trial
Just hearing to make sure law was carried out correctly
Uniform
14
Q
What is arbitration
A
When you don’t want to go to court so you have a quasi administrative hearing
15
Q
What is a pleading
A
Recumbent or action that start the trial process
A document that starts litigation and lists charges
16
Q
Describe a civil pleading
A
Civic complaint Articulate document Lists parties, allegations, jurisdiction, venue, facts of the case, and prayer for relief Many numbered allegations Requires a reply document
17
Q
What is a prayer for relief
A
What the person is getting sued for ( like the amount you are asking to get)
18
Q
Describe a criminal pleading
A
Indictment
No reply
Inarticulate document
19
Q
What are the reply rules for a civil pleading document
A
Must get a written reply back
Each numbered paragraph must receive a written response
-can admit, deny, or say insignificant knowledge or belief
20
Q
Rules for criminal pleading reply
A
If indicted must always verbally reply not guilty (if plead guilty then no trial)
21
Q
Describe modern criminality
A
Crime is compartmentalizations
Now when you commit a crime you are really committing a lot of crimes rather than just 1 like it used to be
22
Q
What is discovery
A
Evidence and information
23
Q
Describe how civil discovery works
A
Bring your own evidence
24
Q
Describe how criminal discovery works
A
Police bring the evidence
25
How is discovery time determined
By the judge
26
Describe civil discovery devices
```
Deposition
Interrogatories
Document production
Request for admission
Mental examination
```
27
Describe criminal discover
Disclosure
| -state turns over the evidence to the defense
28
What is a deposition
Have a mini-court in the attorney's office.
Pre-trial, under oath to verify allegations
Subpoena the witness to appear and lawyer will teach client how to answer before hand
-very expensive paid for by the lawyer
29
What are some rule for depositions
Is a statement under oath
There is a purposeful pause so people don't talk over another
Never volunteer information
Never guess-be precise and accurate
30
What are written requests be y would you use them
Interrogatories- written questions with signed written response to produce a document
Use them so you know there will be no surprise
31
What is the role of experts in the case
They can testify to truthful things that support false theories
32
How do you hires experts
Experts market themselves to one side or the other
Laws pay consult fees and make informal appointments
Form that you decide if you want to pay to use them I. The trial
33
When do you hire an expert
When it will help your case
34
Who pays for an expert and are they expensive
Lawyers pay for the expert and they are very expensive
- you have to pay until you find the right one
- pay to bring them to trial
- malpractice cases are most expensive because you have to convince doctors to testify
- depositions cost money
- investigators
- Subpoenas
- jury fees
- copy fees
35
In civil and criminal cases how do lawyers get paid back
Civil- Take out expenses and fees from recovery
criminal- client pays everything up front
36
Why should lawyers pay so many expenses
If you don't develop the case, and pay for all these things, you will get low balled in the settlement
37
What's the difference between hiring experts in civil and criminal cases
In criminal cases of a public defender the state provides a small amount. Of fund to be used on expert but if you are wealthy with a private attorney you can pay for better and more experts
38
What's the difference between corporate and private lawyers
Corporate lawyers are paid by the hour and are more tedious and draw things out
Private lawyers are paid through recovery so they want to go quickly so they can get their money and take on the next case
39
It is within a firms interest not to offer serious settlement until
Other side spends sufficient funds dele eloping their case and it's right before the trial occurs
40
What percent of the time do cases settle and why
They settle 98% of the time because nobody wants to go to trial because it is extremely costly and has the risk factor of losing
41
What is an attorneys lean
When lawyers try to talk their client into settling but the client wants to change lawyers to somebody who want settle so the original lawyers fees and costs are tacked onto the next lawyers bill, pressuring the. To have to pay twice
42
What are the three types of lawyers
Public defenders
General practitioners
Heavy hitters
43
Describe public defenders
Quality varies
Overworked
Overwhelmed by number of cases
Underpaid
Don't have time or resources to build good cases
Functionary labor-just do the basic procedural things
44
What is the greatest rep sure of public defenders
Work load trade off
45
What is work load trade off
Public defender threatens to take all cases to trial so it is more work for the prosecutor. So public defender can bargain and say cut me deals on a few and we both don't have to do as much work
46
Describe general practitioners
Private lawyers
Don't do much criminal court
Usually tax, real-estate lawyers
47
Describe heavy hitter
Big money that most people cannot afford
Lawyer will only work on one case at a time
Best lawyering possible
48
What are the two types of prosecuter
Elected and appointed
49
Describe and elected prosecuter
```
County prosecuters in state system
Responsible to community
Easier to wheel and deal
Easier access
More relate able
```
50
Describe an appointed prosecutor
```
Term is appointed
U.S. Attorney
Less responsible to community
More arrogant
Less likely to make a deal
```
51
Name and describe the two models of proof
Adversarial- each side brings its own proof
Unitary/paternal- a neutral entity of the state provides the proof- ex.) crime lab
52
What's what ring with the paternal mode of proof. How do the rich get around it
Weird things can happen like vide de tampering
The rich can pay private labs or private sources
53
Name and describe the two types of examination
Direct examination- questioning your own witness
Cross examination- questioning your opponents witness
54
What are the norms for who is good at each examination
Prosecutor is good at cross
| Defense is good at direct
55
What forms of questions can you object to
Narration- must be Q and A not story telling
Leading question- on cross only, q suggests a
Compound questions- asking two questions at the same time
Foundation- give evidence piece by piece don't jump around
Argumentative- must have a straight forward question
Cumulative/asked and answered- can't ask a question that was already answered
56
When do you object and how must you object time wise
Only if it will help your client
Object only if what is happening is bad for your client
Must object quickly and with the basis
57
How do you script a direct examination
Prep witness
Want witness to tell story not the questioner
End with something dramatic
58
What is attention scripting
Asking question and phrasing things so it calls attention to a specific detail or event
Ex.) decapitated head
59
What are parrot questions
Using staccato statement as questions. But no really question
Ex.) you work for the police.
They have to newer yes or no only.
60
Name and describe the two types of cross examination
Regular- cast doubt about 5 senses or memory of person
Impeachment- calling the witness a liar
61
What things do lawyers use for impeachment and why
Prior inconsistent statement
Showing of bias or. Olive to misrepresent
Prior conviction
Reputation evidence
Just want to convince the jury not to rely on the witness
62
When can you lead a witness
During cross examination
| If witness is a child or hostile and the judge has given you permission
63
What is the difference between objections and strikes
Objections stop things form getting into the record
Strikes take thing out of the record
64
Describe the process for jury selection
Master list is created of people who live in an area
Names are randomly selected form master list to form a pool (done 3 times a year)
24 or so are randomly selected from the pool
The 24 show up to the trial and 12 are selected for the jury
65
What are the three stages to picking a jury
The judge will question. 24 jurors
Lawyers will question jurors
Lawyers will strike juror
66
How does the judge question jurors
Probes the basic
Have you been convicted of a crime
Do you know the people in the case
Can you be fair
67
How do the lawyers question potential jurors
Lawyers make up questions called void dire
Can ask themselves or have the judge ask the questions
They want to probe attitudes, philosophies, ideologies to see how a person will react to the evidence
68
In a criminal case what will lawyers want to know if the the jurors believ in
The system
69
What is striking for a cause
Having grounds to strike based on an objection. Must approach and ask judge and the judge must agree. Does not count in final strikes
70
What are strategic choices
Striking for strategy, peremptory challenges
| Striking to get a strategic advantage or to negate the advantage of the other side
71
What do lawyers get before striking
Jurors questionairees
Rich lawyers will have focus group results to
72
Give examples of striking for strategy
Strike old people in marijuana case
Strike married people in dui case
Strike medical professionals in malpractice case
Oh wanted black women on jury
73
How many strikes does a lawyer get
Depend on the state but defense usually gets more
74
What kind of striking is illegal
Striking for reasons of race or gender
75
What is a Bateson heating
When you want to strike somebody because their race or gender but it's not discriminatory and you have to go to a many trial to show its not discriminatory
76
What is an opening statement and how does it woke
How the case starts
Not allowed to argue to jury
Tell them what the case is about, your vantage point, and what they should expect to see
Orientation into your case
Always introduce yourself and thank the jurors for coming
77
What are closing arguments
Most important part of trial
Both sides take turns showing what was proven in the trial
- studies show closing arguments are the most central the the jury's verdict
78
What are jury instructions
Given to the jury before closing arguments
In a document the Judge instructs jury on what the law says and how to go about making a decision.o
Discusses elements of offense, defense, burden of proof and how to discharge their function
Document- 75% judge 25% lawyers
Reminder of power to nullify
79
What's the difference between old school and news school burden of proof arguments
Old school- was the burden met, is there absolutely not a shred of doubt, responsibility
New school- look at this doubt, they didn't do their jobs. We don't have to prove anything because they didn't prove anything
80
What instruction does the judge not have to give
You are judges of the facts and you get to judge to credibility and truthfulness of every witness and how've the power to believe some over other
-jury nullification
