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LAS110 - Civil Pro II > Final Study Guide > Flashcards

Final Study Guide Flashcards

1
Q

In AZ, a Plaintiff must file this document with the Complaint

A

Certificate of Compulsory Arbitration

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2
Q

A party that loses in court mandated arbitration (Arizona) has the (1) to appeal

A

automatic right

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3
Q

If a party appeals an arbitrator’s decision (Arizona), the case goes before (1)

A

the original superior court judge initially assigned in the case

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4
Q

A (1) lasts only a short time, may be ex parte and is designed to restrain a defendant from specific action until a hearing is set

A

Temporary Restraining Order

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5
Q

Specific performance is an

A

equitable remedy

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6
Q

Provisional remedies are commonly utilized to (1)

A

obtain relief prior to a judgment

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7
Q

2 things that are provided to an offeror of judgment when the jury’s verdict isn’t as good with def. as offeror/is better with plt as offeror

A
  1. double taxable costs of offeror

2. expert fees

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8
Q

Is the offer of judgment filed with the court?

A

No

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9
Q

A motion to dismiss, if granted by the court, is

A

either with prejudice or without, depending on underlying facts

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10
Q

When reviewing a motion to dismiss, the Court examines

A

the “four corners” of the complaint and assumes all facts pled by PLT to be true

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11
Q

According to the (1), the prevailing party is in general NOT entitlted to (2)

A
  1. American Rule

2. attorney’s fees

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12
Q

In Arizona, the prevailing party is generally entitled to (1)

A
  1. taxable costs
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13
Q

The (1) immediately follows the direct exam of a witness

A

cross exam

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14
Q

Request to the same court to retry a case

A

Motion for New Trial

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15
Q

A Notice of Appeal requires (1)

A
  1. payment of a docketing fee
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16
Q

A Notice of Appeal does not (1) and does not (2).

A
  1. stay the judgment

2. require a supersedes bond

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17
Q

A new trial may be granted on what three grounds, for example?

A
  1. irregularity in court proceedings
  2. jury misconduct
  3. newly discovered evidence
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18
Q

A peremptory strike is (1) and may be done for (2) except (3)

A
  1. limited in number
  2. any reason
  3. one that is improper (race, national origina, etc.)
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19
Q

An opening statement should not contain (1) and contains evidence (2)

A
  1. argument

2. likely to be admissible

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20
Q

A closing argument should contain (1), can only contain evidence (2), and provides the plaintiff (3)

A
  1. argument
  2. admitted during the course of the trial
  3. two opportunities to speak to the jury
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21
Q

A party may ask leading questions in a direct exam to (1)

A
  1. lay foundation
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22
Q

Cross exam should always be (1)

A
  1. cross exam
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23
Q

If Mr. Brown’s lawyer asks Mr. Brown, “Isn’t it true…”? You can object with

A

leading

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24
Q

If Mr. Byrd’s lawyer attempts to ask questions to Mr. Randolf about Officer Pierce’s report, this is

A

foundation objection

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25
Q

If someone’s testimony is consistent,

A

impeach

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26
Q

Deadline: Motion for New Trial

A

15 days from judgment

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27
Q

Deadline: Appeal

A

30 days of judgment OR ruling on MNT (cannot file UNTIL then–not ripe…30 days after = moot)

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28
Q

Deadline: Appellee Brief

A

40 days after Appellate Brief (No fixed date on Appellate Brief–Court Sets)

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29
Q

Deadline : Petition for Review

A

30 days after Appellate decision

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30
Q

Provosional remedies are (1)

A

equitable

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31
Q

Provisional remedies are used for

A

relief before trial

32
Q

3 features of a TRO

A
  1. ex parte
  2. fleeting (Band-Aid) (short time)
  3. transformed into prelim inj.
33
Q

Unlike a TRO, a prelim injunction (1), but requires (2), (3) and (4)

A
  1. restrains a party until trial (Cast)
  2. evidentiary hearing
  3. notice to other party (5 days)
  4. posting of bond (after bond hearing)
34
Q

A preliminary injunction hearing is determinative only on the (1)

A
  1. provisional remedy issue (just the one part)
35
Q

Arbitration can be (1) or (2) depending on (3) or (4). Mandatory arbitration is (5)

A
  1. binding
  2. non-binding
  3. agreement by parties
  4. court order
  5. not binding
36
Q

Compulsory arbitration kicks in at (1) in Arizona

A

less than $50,000

37
Q

If a party appeals an arbitrator’s decision (Arizona), the case goes before (1)

A

the original superior court judge initially assigned in the case

38
Q

An appeal from an aribtration is (1)

A
  1. de novo (arb. Has no impact on new trial)
39
Q

An MSJ can be filed by (1) and can be (2) or (3). It has the same effect as a trial with a jury, except (4) and without (5)

A
  1. either party
  2. full
  3. partial
  4. without a jury (done by a judge)
  5. disputed facts
40
Q

2 pieces required for filing an MSJ

A
  1. Motion

2. Statement of Facts (affidavits, evidence)

41
Q

A judge ruling on MSJ rules on (1)

A
  1. law only
42
Q

3 differences between MSJ and MtD

A
  1. MSJ - looks at evidence (not judge four corners of complaint)
  2. One dismisses, one rules
  3. MTD includes facts – MSJ is law only
43
Q

If there is no settlement, the second time to talk to the court is usually the (1)

A

telephonic conference setting trial date\

44
Q

9 basic trial parts

A
  1. Opening statements- PLT
  2. Opening statement - DEF
  3. PLT’s case in chief
  4. Def’s - Directed Verdict
  5. Def’s case in chief
  6. Rebuttal case to rebut evidence
  7. Def. renews motion for DV
  8. Closing Arguments (PLT DEF PLT)
  9. jury instructions
45
Q

The 16c (1) allows the judge to get with parties to prepare and manage trial. The (2) must attend.

A
  1. pretrial conference

2. parties attending the trial

46
Q

The (1) is filed 5 days before the pretrial conference and includes (2), (3), (4), (5), (6)

A
  1. joint pretrial statement
  2. party’s positions
  3. contested facts
  4. uncontested facts
  5. witnesses
  6. exhibits (WITH OBJECTIONS)
47
Q

For cause strikes in voir dire must be (1) but they are (2)

A
  1. argued

2. unlimited

48
Q

A (1) seeks to remove the necessity to object in trial to evidence. Unlike most processes, this includes only a (2) and (3)–no (4).

A
  1. motion in limine
  2. motion
  3. response
  4. reply
49
Q

The only mandatory “discovery tool” is the (1)

A
  1. disclosure statement
50
Q

Every litigant must provide a (1)

A
  1. disclosure statement
51
Q

Judicial notice (1)

A
  1. provides for the admission of evidnece
52
Q

Character evidence is generally inadmissible because (1)

A
  1. it is not relevant
53
Q

This evidentiary rule is designed to protect a party’s right to cross examination

A
  1. hearsay
54
Q

Authentication is a (1) and is used when the (2)

A
  1. rule of evidence

2. document itself is at issue

55
Q

All evidence requires (1) to be admissible

A
  1. foundation
56
Q

An attorney can use an almanac and (1) to get in the fact that it was 89 and sunny the day of an accident

A
  1. judicial notice
57
Q

Disclosure statements must be exhanged in Arizona (1) after each defendant files an Answer. These must be supplement (2) after discovery of new evidence

A
  1. 40 days

2. 30 days

58
Q

In order to be relevant, evidence must (1)

A
  1. make the existence of any fact more or less probable
59
Q

The Rules of Evidence

A
  1. protect the parties from the jury
60
Q

Disclosure statements are utilized in both (1) and (2) courts

A
  1. Federal

2. Arizona state

61
Q

In Federal court, disclosure statements are exchanged (1)

A
  1. following a “meet and confer” by the parties
62
Q

The (1) and (2) sections in a disclosure statement go together because of their evidentiary relationship

A
  1. Witnesses and Exhibits
63
Q

A motion for a new trial can be filed as soon as (1) and no later than (2)

A
  1. a verdict is given (from trial OR dispositive motions)

2. 15 days after final judgment entered by clerk

64
Q

Filing a MNT has the effect of (1)

A
  1. staying the appeal deadline
65
Q

An MNT must state legal grounds on which a new trial should be granted–what are the 6 available grounds?

A
  1. verdict contrary to law
  2. verdict totally defective
  3. irregularity in court proceedings
  4. excessive/insufficient damages
  5. jury misconduct
  6. newly discovered evidence
66
Q

An appeal is to a (1) and regards (2) ONLY

A
  1. new court

2. issues of law

67
Q

The timing for an appeal is (1) from (2) OR (3)

A
  1. 30 days
  2. entry of judgment
  3. ruling on MNT
68
Q

A Notice of Appeal can NOT be filed (1) or after (2)

A
  1. before final judgment

2. 30 days from entry of judgment/ruling on MNT

69
Q

An appellate brief sets forth the (1), (2), (3) and (4)

A
  1. legal issues
  2. facts
  3. standard of review
  4. legal arguments
70
Q

9 basic parts of appellate brief

A
  1. corporate disclosure statement
  2. table of contents with page references
  3. table of legal authority in alphabetical order and page references
  4. statement of jurisdiction
  5. statement of issues
  6. statement of the case
  7. statement of facts
  8. argument
  9. conclusion asking for relief sought
71
Q

An appeal does NOT (1); however, a (2) can begin that process and can safeguard money paid out to PLT.

A
  1. stay the judgment

2. Motion to Stay with a Request to Set Supersedeas Bond

72
Q

A Supersedeas bond protects money paid to PLT and is set by (1)–the (2) is the total amount of judgment, but other factors can come in.

A
  1. court hearing

2. presumptive

73
Q

A (1) MUST be filed with a Notice of Appeal; a (2) MAY be filed with it.

A
  1. docketing fee (within 10 days)

2. Motion to Stay with a Request to Set Supersedeas Bond

74
Q

A winner of a case should (1) a judgment and execute it within (2). This may require (3)

A
  1. record
  2. 30 days
  3. garnishment
75
Q

An offer of judgment is not (1) in court and is not (2) with court–but may be (3)

A
  1. admissible
  2. filed
  3. noticed
76
Q

2 ways attorney’s fees may be granted

A
  1. contract/agreement (judge cannot change)

2. statute/rule

LAS110 - Civil Pro II (14 decks)

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