Finals III Flashcards
Any analysis list collection or other type of document prepared as part of the attorney’s impression and preparation of the case
Workproduct
Office memo outlining issues and evidence for presentation at trial
Trial strategy memorandum
Collection of all documents exhibits and work product for use at trial.
Trial book
Questions by counsel to witness
Examination
Description of tangible evidence for the record
Identification
Work product prepared for presentation to the fact finder to illustrate the facts or issues of the case
Demonstrative evidence
Evidence demonstrating the underlying facts of an issue
Foundational evidence
Accepted by the court for consideration
Admitted into evidence
Standing by for trial to commence
Trail
Challenge of a judge based on belief that the judge cannot render impartial judgment
Peremptory challenge
Memorandum for facts and law outlining issues to be presented at trial
Trial brief
Trial where facts are determined by a jury
Jury trial
Motion to eliminate (or compel use of) specific evidence at trial
Motions in limine
Transcription of stenographic notes of oral proceedings
Reporters transcript
Statements of law guiding the jury in its verdict
Jury instructions
The main source for standard civil jury instructions
California civil instructions CaCI
Simple statement for verdict for defense or plaintiff
General verdict
Examination of prospective jurors
Voir dire
Ask each juror to indicate his agreement or disagreement with the verdict read in court
Poll the jury
Document served on all parties to indicate entry of an order or judgment
Notice of entry
Request for a new trial based on a problem with consideration of the evidence by the fact finder
Motion for a new trial
Extent appellate court reviews the facts and law
Standard of review
Most common standard of review that evidence supports the judgment
Substantial evidence
Error justifying appellate court action
Abuse of discretion
Review of the law applied by the trial court by a higher court
Appeal
Endorse the existing judgment
Affirm the judgment
Return to a lower court for some action
Remand
Standard of review whereby appellate court reviews case independently from the trial court
Independent judgment
Official transcript of the proceeding
Record
Authorization by appellate court for publication of opinion
Certify for publication
Discretionary review
Certiorari
