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FLS > Final > Flashcards

Final Flashcards

1
Q

what does pleading involve?

A

does the complaint allege sufficient facts to give rise to a plausible entitlement to relief?

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2
Q

when does summary judgment occur?

A

usually after discovery

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3
Q

what is summary judgment?

A

whether there is a general issue of material fact that entitles the movant to judgment as a matter of law

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4
Q

What is judgment as a matter of law?

A

whether, after a party has been fully heard, there is a sufficient evidentiary basis for a jury to find for a party

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5
Q

what are jury instructions?

A

the court must give the jury instructions for rendering its findings.

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6
Q

where do you find the generic elements?

A

statutes, regulations, and/or case law

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7
Q

where do you find factual propositions?

A

in the restatement of generic elements in terms of the facts of the case (segue between generic elements and facts)

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8
Q

what type of facts do you need for legal elements?

A

facts supporting the factual proposition

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9
Q

where do you source the facts of the legal elements from?

A

bluebook, practitioner’s notes

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10
Q

what goes in the episodes column of the chronology?

A

facts, not conclusions

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11
Q

what type of contextual facts go in the chronology?

SSEPS

A

1) setting the scene (location and environment)
2) stage directions
3) explanatory facts (does the action make sense, why)
4) personal facts (character)
5) source’s perceptions, schema and memory

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12
Q

what are some things that falls under perception?

LLEWA

A

1) length of time of the event
2) length of time witness observed event
3) extent to which episode was unusual
4) what witness was doing at the time of the event
5) age

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13
Q

what type of schemas are there?

BPPE

A

1) bias (disposition in favor of particular party)
2) prejudice (disposition against a particular party)
3) personal (disposition based on personal experience)
4) Expertise

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14
Q

what should go in a fact chronology?

A

1) date
2) episodes
3) sources
4) gaps/inconsistencies

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15
Q

when is storytelling used?

VOWN

A

1) Voir Dire
2) opening/closings
3) witness examination
4) negotiations

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16
Q

what are some factors you should consider for persuasive storytelling?

UNUPSPTD

A

1) uncontested facts
2) nature of audience
3) unifying theme
4) persuasive images (episodes and characters)
5) sequencing
6) perspective
7) tone
8) details

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17
Q

what is direct evidence?

A

evidence that proves a fact without the need for an inference

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18
Q

what is circumstantial evidence?

A

proves a fact through inferential reasoning

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19
Q

what is a generalization?

A

a proposition asserting that something is likely to be true about a given class or group, although it’s not always true.

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20
Q

what is the purpose of a generalization?

A

to unpack the reasoning process

21
Q

what type of lens is the legal elements model?

A

logical

22
Q

what type of lens is the chronology model?

A

temporal

23
Q

what type of lens is the storytelling model?

A

narrative

24
Q

what are the credibility factors?

A

1) credibility of different versions of the events (inconsistencies)
2) credibility of witnesses
3) credibility of circumstantial evidence

25
Q

what do legal elements provide?

A

they identify the contested elements and brainstorm possible facts to provide support for your position either for or against the element

26
Q

what does chronology provide?

A

to be able to brainstorm possible facts to fill gaps

27
Q

what does the storytelling provide?

A

to be able to brainstorm facts to be able to flush out theme and persuasive images

28
Q

what is the oral witness spectrum of credibility (from least to most)

A

1) your client
2) friends/family of your client
3) “neutral” third-party witnesses
4) experts
5) persons associated with the adversary

29
Q

what is the tangible evidence spectrum of credibility (from least to most)?

(DSBPPPPD)

A

1) documents created by or on behalf of your client
2) secondary sources (social media, newspapers, etc)
3) business, financial and medical records
4) photos
5) physical evidence
6) police reports
7) public records
8) documents from adversary

30
Q

what type of questions are there?

A

1) narrative
2) open
3) closed
4) leading

31
Q

what are narrative questions?

A

giving details in the questions

32
Q

what do open questions usually start with?

A

what, why, how

33
Q

what do closed questions usually start with?

A

when, which, where

34
Q

what do leading questions usually start with?

A

Did, was

35
Q

what should you never do with questions?

A

compound them

36
Q

what are the 3 stages of effective listening?

SPR

A

1) sensing
2) processing
3) responding

37
Q

what does sensing involve?

A

not only hearing the words but receiving non-verbal cues such as tone, facial expression and body language

38
Q

what does processing involve?

A

interpreting and understanding the meaning of the message as well as the nonverbal cues

39
Q

what does responding involve?

A

sending the speaker verbal and nonverbal signals that the speaker is being heard and encouraging to continue in his/her communication.

40
Q

what do the social dynamics of a cognitive interview include?

A

developing a rapport and encouraging witness participation

41
Q

what does communication of a cognitive interview include?

A

1) start with narrow and open-ended questions
2) encourage thorough telling of story
3) consider use of visuals
4) single, simple questions

42
Q

what does memory/cognition of a cognitive interview include?

A

1) context reinstatement
2) few questions
3) different ways of remembering situation
4) avoid distractions

43
Q

how should you prepare your questions?

A

don’t write them out, just bullet-point topics

44
Q

what should be the sequence of a cognitive interview?

IOPRC

A

1) introduction
2) open-ended and narrative questions
3) probing (open-ended and closed questions)
4) review (closed and leading questions)
5) close

45
Q

what are goals of client interviewing in dispute settings?

DDGIBBC

A

1) develop rapport
2) develop chronology
3) gather information (perception, memory retention, schemas and memory retrieval)
4) identify client’s goals and interests
5) begin to explore potential legal theories
6) being to imagine potential stories
7) comply with ethics rules prohibiting the creation of false testimony

46
Q

What does the T-Funnel method consist of?

A

a series of two or more open questions seeking a narrow response about a condition or event followed by a series of closed questions or leading questions probing the answers to the open questions.

47
Q

what is the purpose of the T-Funnel method?

A

1) promotes thoroughness
2) refreshes memory
3) motivates the client to actively participate in information gathering

48
Q

what does active listening involve?

A

paraphrasing the client’s expression of emotion to demonstrate understanding

49
Q

what is a transactional document?

A

a product of relationships and interactions between transacting parties

FLS (2 decks)

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