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COMMON LAW
law created and developed soley through judicial opinions, Stare Decisis
CIVIL COURT
all cases that are not criminal - usually between individuals or corporations, gov’t not a party, usually resolved by agreement between parties
Complaint
Plaintiff provides doc
AGREEMENT BETWEEN PARTIES
way most civil cases are resolved, one of three manners that trial court cases can be settled. Negotiated settlement where each party gets some part of what they want – if satisfied then parties will voluntarily consent to dismissal of the case
ANSWER
defendant pleading as response to civil complaint – answers paragraph by paragraph by agreement or disagreement with plaintiffs’ assertions – defendant can decline to respond, may simply note he/she has no basis from which to agree or disagree with plaintiff assertion in complaint
ASSISTANT US ATTORNEY
ADA Asst District Attorney – represents US gov’t in federal criminal cases
CAUSE OF ACTION
basis of law suit
CIVIL COURT
all cases that are not criminal - usually between individuals or corporations, gov’t not a party, usually resolved by agreement between parties
COMMON LAW
law created and developed soley through judicial opinions, Stare Decisis
COMPLAINT
plaintiff provides, document with individually numbered paragraphs, names or parties, location of dispute, what happened, why plaintiff is entitled to some form of relief. In federal court, plaintiff complaint must lay out basis for courts jurisdiction
CONCLUSIONS OF LAW
judges job - eg decisions on motions, rulings on admissibility of evidence, rulings on parties objections
COUNTER CLAIM
defendant against Plaintiff
CRIMINAL COURT
state or fed gov’t alleging that some other party commited some crime
CROSS EXAMINATION
defendant turn to ask witness questions after plaintiff direct examination
DEFENSE COUNSEL
lawyer representing defendant
DEPOSITION
formal question and answer session with witness. Typically witness is under oath – risk of perjury, either stenographer or electronic recording
DIRECT EXAMINATION
plaintiff attorney brings in a witness and asks questions
DISTRICT COURTS
in federal system are trial courts, in Ohio system – Court of appeals
DISCOVERY PHASE
investigative process where attorneys obtain information necessary to case - depositions, interrogatories, admissions, request for production of documents(RFPs)
FEDERAL JURISDICTION
US gov’t is party, controversy between states
FEDERAL COURT STRUCTURE
federal trial court(US district courts – atleast one per state, DC, Territories – total 94), United States Circuit Courts of Appeals(13 in total)[Ohio in 6th Circuit with Mich, Kent, TN – court is in Cincinatti], US supreme court
FINDING OF FACT
– judge or juries resolution of factual dispute in trial
INTERROGATORIES
series of questions, sent by both plaintiff and defendant - certain number of questions allowed to opposing counsel, party must respond if he knows answer – exceptions e.g. privileged communication between lawyer and client
JURISDICTION
power of a court, can be geographic, subject matter,(e.g. copyright(federal)), personal(e.g does federal court have jurisdiction over non residents in that district)
MOTION
a request for a judge to take an action during course of a lawsuit e.g. motion to dismiss, motion for summary judgement
MOTION FOR SUMMARY JUDGEMENT
arguing that material facts are not in dispute and the law dictates that the moving party should win , “thre is no genuine issue as to any material fact and that the moving party is entitled to a judgement as a matter of law Rule 56© of Fed Rules of Civil procedure
MOTION TO DISMISS(Civil)
moving parties saying that even if everything stated in the complaint is true, the plaintiff still can not win, failure to state a claim upon which relief can be granted Fed Rule of Civil Proc 12(b)(6)
OHIO COURT STRUCTURE
1)Mayor’s Courts, 2)Courts of Common Pleasone in each of 88 counties 3) Courts of Claims(Judges assigned by Chief Justice, 1,2,3 - Court of Appeals(12 districts, 3 judge panel)[e.g of Intermediate Court of Appeals]– Supreme Court(Chief and six judges)
PLAINTIFF
party alleging that they have been harmed, files suit against the defendant
PLEADINGS PHASE
initial phase of civil suit
POSITIVE LAW
enacted – constitution, statutes, administrative rules, ordinances
PREDOMINANCE OF THE EVIDENCE STANDARD
in most civil cases, plaintiff must convince the jury that the evidence weighs in her/his favor. Scale weighing evidence only needs to tip slightly in favor of plaintiff for her/him to win
PRO SE
defendant chooses to proceed without a lawyer and defend him/herself
QUESTION OF FACT
parties disagree as to what happened e.g. speed of the car
REDIRECT EXAMINATION
plaintiff may ask additional questions after defendant does cross examination
REQUEST FOR THE PRODUCTION OF DOCUMENTS
final discovery phase, allows litigant to obtain and view important papers from opposing litigants. E.g business records, deed, tax returns
STARE DECISIS
doctrine of precedent
STATE COURT STRUCTURE
state trial level court – Intermediate Court of Appeals(not all states have one) – State Supreme court,
STATE SUPREME COURT
state supreme court in most instances is final word on matter of state law, appeal from state supreme court to US Supreme court typically where some state court has reviewed some aspect of federal law, e.g US Constitution
TRIAL COURT CASES
once started can end In one of three ways: agreement between parties, motion or trial
TRIER OF FACT
either judge(jury waived) or jury
JUDGEMENT AS A MATTER OF LAW
(or in some jurisdictions – DIRECTED VERDICT) made by defendant once both sides have rested, asserting that the evidence is so weak that no reasonable jury could find for the prosecution. Fed R Civ Proc 50(a) therefore judge should end case in favor of the defendant without allowing jury to deliberate. If allowed, case is over, jury dismissed, plaintiff only choice is to appeal. Can be done again by defense if jury finds in favor of the plaintiff
DIRECTED VERDICT
(or more commonly – JUDGEMENT AS A MATTER OF LAW-) made by defendant once both sides have rested, asserting that the evidence is so weak that no reasonable jury could find for the prosecution. Fed R Civ Proc 50(a) therefore judge should end case in favor of the defendant without allowing jury to deliberate. If allowed, case is over, jury dismissed, plaintiff only choice is to appeal. Can be done again by defense if jury finds in favor of the plaintiff
JUDGEMENT NON OBSTANTE VEREDICTO
“judgement not withstanding the verdict” JNOV - defendant files motion after jury finds in favor of plaintiff, if denied, trial court phase of case is over
CRIMINAL COMPLAINT
complaint in some criminal cases when initiates lawsuit – lists crime(s) the defendant as well as some very general information supporting the charge- used by prosecutors only for relatively minor crimes
GRAND JURY PROCEEDING
prosecution seeking to obtain an indictment, must convince grand jury that there is probable cause to believe defendant committed crime, probable cause standard far easier to meet than “Beyond a reasonable doubt” standard in criminal trials
TRUE BILL
majority of grand jury vote favorable regarding indictment
NO BILL
grand jury negative vote for indictment
