Final Exam Flashcards
Opening Statements (5 elements)
- Brief version of the facts
- Supporting evidence to be used in trial
- Summary of the story to unfold
- “Road map” of the trial
- Defendant’s attorney has right to reserve opening statement until after plaintiff’s case has been presented
The Plaintiff’s Case (3 elements)
- Direct examination
- Cross examination
- Redirect and cross
Direct Examination
Examination of a witness by the attorney who calls him. Usually open ended questions
Cross Examination
Questioning of opposing witness during trial.
a. Leading questions
b. Generally confined to matters raised on direct or related to credibility
Redirect and Recross
Used sparingly in effort to repair any damage done
Motion for a Directed Verdict (5 elements)
- Motion for judgment as a matter of law (federal court)
- Defendant argues not enough evidence offered by Plaintiff
- If granted, case is dismissed
- Seldom granted
- If witnesses’ testimony leaves a crucial element unproven, judge may grant this.
The Defendant’s Case (3 elements)
- Attorney presents evidence demonstrating the weaknesses of plaintiff’s claims
- Call witnesses to the stand and question them using same format as Plaintiff’s case
- Attempt to counter the points made by Plaintiff
Closing Arguments (5 points)
- Opportunity for attorneys to summarize their presentations in client’s favor prior to jury charge
- Include all of the major points
- Emphasize the shortcomings of the opposing party’s case
- Explain their arguments
- A lot more latitude than opening argument
Jury Instructions (4 elements)
- Judge’s instruction to jury setting forth the rules of law that jury must apply in reaching a verdict
- AKA Jury Charge
- May include definitions of legal terms and other standard instructions on deliberations
- Request for findings of fact, typically phrased in an “if, then” format.
Ex. If jury finds that defendant was negligent, then the jury must decide if that negligence was a proximate cause of plaintiff’s injury.
The Verdict (4)
- Formal decision to favor one of the parties made by jury
- If jury decides damages owed, jury will decide how much
- Jurors are then discharged
- Party in whose favor verdict was rendered makes a motion asking judge to enter judgment consistent with jury’s verdict
Posttrial Motions and Procedures (4)
- Motions for judgment notwithstanding the verdict
- Supporting Affidavit required
- JNOVs rarely granted
- Motion for a New Trial
Motion for judgment notwithstanding the verdict
AKA motion for judgment as a matter of law; requests the court grant judgment in favor of movant on ground that jury verdict was erroneous and/or unreasonable
Motion for a New Trial
Motion asserting that the trial was so flawed because of error, prejudice, etc., requiring a new trial to prevent a miscarriage of justice
- Must allege serious issue
- Must be filed within 10 days of judgment being filed
Appealing the Verdict (5)
- If motions unsuccessful or not filed, appeal may be filed.
- Goal to have decision reversed or modified by appellate court
- Appellant files Notice of Appeal with court that rendered judgment and clerk notifies Appellee
- The Appellate Brief and Oral Arguments
- The Appellate Court’s Options
Affirm
Uphold
Remand
Send case back for further proceedings
Record on appeal
A transcript and related pleadings which constitute the record on appeal
Judgment Creditor
Creditor who is legally entitled by a court’s judgment to collect the judgement from a debtor (one who gets a verdict)
Social Media Tools at Work
- Paralegal can employ social media skills to research judgment debtor’s assets
Ex. Are there pictures on Facebook of a new car or new house, expensive art or jewelry, etc. - Search engines and social media postings may provide important clues.
Complex Roles in Litigation (3)
- Civil Litigation- Plays an important role in our society by settling disputes in a civilized manner
- Practice - Requires patience, appreciation of strategy, and attention to detail
- Paralegal’s Role
a. Successful litigation paralegal: highly motivated, attentive to detail, strong written and oral skills, curious, competent with technology
b. Important and invaluable to attorney
Public Prosecutors
Trial lawyers who initiate and conduct criminal cases in the government’s name and on behalf of the people
Public Defenders
Court appointed defense counsel for people who cannot afford the same
Most criminal trials are conducted by:
Assistant U.S. Attorneys
Chief public prosecutor in federal criminal cases is called a:
U.S. Attorney
What is a Crime? (5)
- A crime is an offense against society as a whole
- Criminal defendants are prosecuted by public officials on behalf of the state
- Statutory Basis
a. Criminal law is primarily statutory law - Standards of Proof
a. State must prove its case beyond a reasonable doubt - Victimless Crimes
a. Criminal act does not necessarily involve a victim
Area of Concern
Civil- Rights and duties between individuals and between persons and government
Criminal- Violation of a statute that prohibits certain conduct
Felonies
A serious crime that may be punished by imprisonment for more than one year
What are the four degrees of felonies?
- Capital Offenses - Maximum penalty of death
- 1st Degree - Max. Penalty = Life
- 2nd Degree - Max. Penalty = 10 years
- 3rd Degree - Max. Penalty = 5 years
Misdemeanors
Crime that may be punished by incarceration in jail for not more than one year (prison = 1 year +)
Petty Offenses
Usually consists of fines
Paralegal’s Duties related to the Trial (5)
- Assemble the documents and materials needed in court
- Decide what will be needed for the next day
- Monitor each witness’s testimony
- Have relevant deposition transcript
- Review the day’s events
