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Law Lawyers And The System > Exam 1 > Flashcards

Exam 1 Flashcards

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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

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2
Q

When is a right to a jury not available

A
  1. ) when there is not “enough jeopardy” at stake
    - not enough money or no jail time
  2. ) cases seeking equitable remedies-like divorces
  3. ) administrative practices
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3
Q

Where is layperson justice not used

A

International tribunals for political enemies

Ex.) Nuremberg trials

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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

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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

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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
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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

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8
Q

What are the civil transaction types

A

Money award damages
Injunctions, orders
Declaratory relief-sue for an answer only
Fines

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9
Q

What are the criminal transaction types

A

Incarceration
Death
Probation-parole-restrict liberty
Fines

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10
Q

What are the three forum types

A

Trial (orthodox)
Administrative (beureaucratic)
Appellate

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11
Q

Describe the trial forum type

A 
Formal procedure
Combat over theories of events 
Official trial courts
-common pleas
-federal district court
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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
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13
Q

Describe the appellate forum type

A

No trial
Just hearing to make sure law was carried out correctly
Uniform

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14
Q

What is arbitration

A

When you don’t want to go to court so you have a quasi administrative hearing

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15
Q

What is a pleading

A

Recumbent or action that start the trial process

A document that starts litigation and lists charges

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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
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17
Q

What is a prayer for relief

A

What the person is getting sued for ( like the amount you are asking to get)

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18
Q

Describe a criminal pleading

A

Indictment
No reply
Inarticulate document

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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

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20
Q

Rules for criminal pleading reply

A

If indicted must always verbally reply not guilty (if plead guilty then no trial)

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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

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22
Q

What is discovery

A

Evidence and information

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23
Q

Describe how civil discovery works

A

Bring your own evidence

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24
Q

Describe how criminal discovery works

A

Police bring the evidence

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25
Q

How is discovery time determined

A

By the judge

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26
Q

Describe civil discovery devices

A 
Deposition
Interrogatories
Document production
Request for admission 
Mental examination
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27
Q

Describe criminal discover

A

Disclosure

-state turns over the evidence to the defense

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28
Q

What is a deposition

A

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

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29
Q

What are some rule for depositions

A

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

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30
Q

What are written requests be y would you use them

A

Interrogatories- written questions with signed written response to produce a document

Use them so you know there will be no surprise

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31
Q

What is the role of experts in the case

A

They can testify to truthful things that support false theories

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32
Q

How do you hires experts

A

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

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33
Q

When do you hire an expert

A

When it will help your case

34
Q

Who pays for an expert and are they expensive

A

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
Q

In civil and criminal cases how do lawyers get paid back

A

Civil- Take out expenses and fees from recovery

criminal- client pays everything up front

36
Q

Why should lawyers pay so many expenses

A

If you don’t develop the case, and pay for all these things, you will get low balled in the settlement

37
Q

What’s the difference between hiring experts in civil and criminal cases

A

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
Q

What’s the difference between corporate and private lawyers

A

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
Q

It is within a firms interest not to offer serious settlement until

A

Other side spends sufficient funds dele eloping their case and it’s right before the trial occurs

40
Q

What percent of the time do cases settle and why

A

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
Q

What is an attorneys lean

A

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
Q

What are the three types of lawyers

A

Public defenders
General practitioners
Heavy hitters

43
Q

Describe public defenders

A

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
Q

What is the greatest rep sure of public defenders

A

Work load trade off

45
Q

What is work load trade off

A

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
Q

Describe general practitioners

A

Private lawyers
Don’t do much criminal court
Usually tax, real-estate lawyers

47
Q

Describe heavy hitter

A

Big money that most people cannot afford
Lawyer will only work on one case at a time
Best lawyering possible

48
Q

What are the two types of prosecuter

A

Elected and appointed

49
Q

Describe and elected prosecuter

A 
County prosecuters in state system
Responsible to community
Easier to wheel and deal
Easier access
More relate able
50
Q

Describe an appointed prosecutor

A 
Term is appointed
U.S. Attorney 
Less responsible to community
More arrogant
Less likely to make a deal
51
Q

Name and describe the two models of proof

A

Adversarial- each side brings its own proof

Unitary/paternal- a neutral entity of the state provides the proof- ex.) crime lab

52
Q

What’s what ring with the paternal mode of proof. How do the rich get around it

A

Weird things can happen like vide de tampering

The rich can pay private labs or private sources

53
Q

Name and describe the two types of examination

A

Direct examination- questioning your own witness

Cross examination- questioning your opponents witness

54
Q

What are the norms for who is good at each examination

A

Prosecutor is good at cross

Defense is good at direct

55
Q

What forms of questions can you object to

A

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
Q

When do you object and how must you object time wise

A

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
Q

How do you script a direct examination

A

Prep witness
Want witness to tell story not the questioner
End with something dramatic

58
Q

What is attention scripting

A

Asking question and phrasing things so it calls attention to a specific detail or event
Ex.) decapitated head

59
Q

What are parrot questions

A

Using staccato statement as questions. But no really question
Ex.) you work for the police.
They have to newer yes or no only.

60
Q

Name and describe the two types of cross examination

A

Regular- cast doubt about 5 senses or memory of person

Impeachment- calling the witness a liar

61
Q

What things do lawyers use for impeachment and why

A

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
Q

When can you lead a witness

A

During cross examination

If witness is a child or hostile and the judge has given you permission

63
Q

What is the difference between objections and strikes

A

Objections stop things form getting into the record

Strikes take thing out of the record

64
Q

Describe the process for jury selection

A

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
Q

What are the three stages to picking a jury

A

The judge will question. 24 jurors
Lawyers will question jurors
Lawyers will strike juror

66
Q

How does the judge question jurors

A

Probes the basic
Have you been convicted of a crime
Do you know the people in the case
Can you be fair

67
Q

How do the lawyers question potential jurors

A

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
Q

In a criminal case what will lawyers want to know if the the jurors believ in

A

The system

69
Q

What is striking for a cause

A

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
Q

What are strategic choices

A

Striking for strategy, peremptory challenges

Striking to get a strategic advantage or to negate the advantage of the other side

71
Q

What do lawyers get before striking

A

Jurors questionairees

Rich lawyers will have focus group results to

72
Q

Give examples of striking for strategy

A

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
Q

How many strikes does a lawyer get

A

Depend on the state but defense usually gets more

74
Q

What kind of striking is illegal

A

Striking for reasons of race or gender

75
Q

What is a Bateson heating

A

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
Q

What is an opening statement and how does it woke

A

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
Q

What are closing arguments

A

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
Q

What are jury instructions

A

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
Q

What’s the difference between old school and news school burden of proof arguments

A

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
Q

What instruction does the judge not have to give

A

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

Law Lawyers And The System (1 decks)

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