Jeapardy Flashcards
Mediation
A formal conference between the parties and a neutral person with the intent to arrive at a settlement of the parties’ dispute.
Keeper
A law enforcement agent who stays on the premises of a business and collects cash or checks sufficient to satisfy a judgment. If insufficient funds exist, the keeper may also take possession of personal property and sell the property in order to satisfy the judgment.
Removal
The procedure in which a defendant may transfer a case already filed in a state court to the federal district court for the same district in which the state action is pending.
Bifurcate
When a judge divides a trial into two parts so as to render a judgment on a set of legal issues without looking at all aspects. Frequently, civil cases are bifurcated into separate liability and damage proceedings.
Surrebuttal
Evidence presented by the defendant that explains or denies the rebuttal evidence.
For Cause
When a juror is stricken from the jury panel for a particular reason. For example, the juror may be biased or prejudiced toward one party, may have an interest in the litigation, or may know of the parties, or attorneys to the litigation.
Arbitration
The submission by the parties of their dispute to an impartial tribunal for resolution.
The five (5) parts of a motion:
- Notice of Motion
- Memorandum of Points and Authorities (Memo of P&A)
- Declaration
- Proposed Order
- Proof of Service
Case-In-Chief
The evidence supporting the particular party’s position.
Direct examinations are also referred to the case-in-chief.
Standard of Review
Determines how an appellate court should look at the issues in deciding an appeal.
Example: Was there substantial evidence to support the judgment of the trial court?
The appropriate standard of review should be addressed within the argument in an appellate brief.
Provisional Remedies
Include temporary restraining orders, preliminary injunctions,writs of attachment and possession, and lis pendens. Under proper circumstances, these remedies allow a plaintiff to essentially obtain the relief requested from the defendant before going to trial.
Pretrial Conference
A meeting between the parties before the court after litigation has commenced, but before trial begins. At the meeting the parties will attempt to agree on all undisputed facts and narrow the issues for trial.
Pretrial Order
Order that identifies the issues, witnesses, exhibits, and order of proof for trial, and acts as a guide for the trial. The order is prepared after the pretrial conference.
Notice of Settlement
Final notification of settlement of entire case.
FORM CM 200
Real Evidence
Refers to physical objects.
Voir Dire
Occurs when the judge and, in some courts, the lawyers ask specific questions of the prospective jurors to ascertain any bias, prejudice, or other information that would affect the decision of the prospective juror in the case.
Lis pendens
A notice that is recorded against particular real property alerting potential purchasers of the property that there is a pending dispute that affects title to or possession of the property.
Under submission
Refers to the judge delaying decision on a motion until the judge has an opportunity to further research or consider the issues presented by the parties during the course of oral argument.
Judgment debtor
The party who has lost a judgment and owes money to the other party.
The other party is called the judgment creditor.
Rebuttal evidence
Evidence refuting the evidence presented by the defendant as part of the defendant’s case-in-chief.
Consolidation
The combining of two trials or hearings into one.
Must meet the following two (2) elements:
- Pending in the same court.
- Common questions of law or fact.
Closing arguments
The statements made by the lawyers at the close of all the evidence. The statements generally include a summary of the important evidence that was presented during trial.
Injunction
Equitable remedy used by the plaintiff to stop certain conduct or actions of the defendant.
Demurrer
A type of motion that asks the court to dismiss the other side’s pleading because the pleading is not legally sufficient.
Writ of execution
An order from the court, empowering the sheriff, marshal, or other appropriate law enforcement agent to levy upon the assets of the judgment debtor.
Settlements
90% of civil cases filed in court settle before trial.
Memorandum of points and authorities
Legal document submitted with a motion setting forth background facts and legal authorities to support a decision.
Structured settlement
A settlement under which the plaintiff receives periodic payments rather than one lump sum.
Tentative ruling
A ruling by the judge based on the written briefs submitted by the parties and before oral argument is heard. The ruling is subject to change after oral argument.
Release
A discharge of all claims against the parties as well as against any persons against whom the same claims are or could have been asserted.
Voluntary dismissal
A withdrawal of a claim by the party originally asserting the claim.
Default
A failure of a party to respond to the pleading of the opposing party
Usually occurs in the case of a defendant who does not respond to the plaintiff’s complaint.
Trial preparation - charts
Four charts commonly used in trial preparation:
- Jury
- Witness
- Exhibit
- Trial
Trail preparation - organization methods
Two popular methods for organizing trial material:
- Trial divider method
- Trial binder method
With prejudice
Once the pleading is dismissed, the claim can never be refiled.
Reply
Response to opposition to a motion.
Seven Step Discovery Method:
Step 1
What facts are needed in order to establish a winning case on the client’s claims (
