Lecture 3 part 1

Question 1

____________:Government vs private party
Charged with crime prohibited by statute/reg. and subject to penalities specific therein
Objectives: Deter,punish,and or rehabilitate

Answer 1

Criminal

Question 2

___________:Private party or (or government) vs. private party (or government)

-may be based upon statute or common law legal rights

Objective:compensation to injured party

Answer 2

Civil

Question 3

_____________:Agency vs private party
-Disciplinary determination which may include warning, fines, licensure revocation or suspension, or probation

Answer 3

Administrative

Question 4

IRS is an administrative agency

Question 5

In a criminal case you can go to prison

Question 6

Civil case is only money

Question 7

Civil Court Procedures: Selection of Court

State court likely unless a federal issue is involved or the parties are from different states

Seek court in which can obtain jurisdiction over the defendant
-Defendant ___________ in jurisdiction
-Defendant is present or _________business within jurisdiction

Answer 7

reside

conducts

Question 8

___________: person bringing the action (person doing the suing)

Answer 8

plantiff

Question 9

_____________:person action is brought against

Answer 9

Defendant

Question 10

Plantiff name appears first in title of case

Plantiff must prove standing that the challenged conduct has caused the plaintiff _________and there is a legally protectable ___________

Answer 10

injury

interest

Question 11

Civil Court Procedures

___________________

Limits the period of time in which a case can be filed.

Time usually starts when discovered or should have discovery injury AND relationship of injury of actions of defendant

Action must be filed before period of time has elapsed- in most jurisdictions involving civil cases, the statute of limitations is two years (in Massachusetts, it is 3 years)

Answer 11

Statute of Limitations

Question 12

Every state has its own statue of limitations

Question 13

Statutue of Limitations are set by the state and set by LAW

Question 14

__________:Contains all material facts of case and remedy requested

Answer 14

Complaint

Question 15

____________:issued by court notifying defendant of suit and commanding defendant to file an answer

Answer 15

Summons

Question 16

_________:Admitting to or denying allegations

Answer 16

Answer

Question 17

__________judgment may be granted against defendant if answer was not filed

Answer 17

Default

Question 18

Civil Court Procedures
_______________

Pretrial process where each side must give the other all facts, evidence and names of witnesses upon which it will rely.

Answer 18

Discovery

Question 19

_____________:out of court testimony by a witness under oath

Answer 19

Deposition

Question 20

_____________:written questions to which written answers must be provided- are considered verified statements

Answer 20

Interrogatory

Question 21

Civil Court Procedures:
Jury Selection

Judge’s role is to determine ___________;unless there is no jury, then the judge decides both questions of fact and law

Answer 21

questions of law

Question 22

Judge rules on matter of law and explains the law. and the judge is able to explain to jury whats the difference btwn a schedule 2 and a schedule 5

Question 23

If there is no jury then judge also decides on issue of fact…where you the one that gave the wrong medication its an issue of fact and NOT an issue of law

Question 24

Jury doesn’t determine question of law!

Question 25

_________:The questioning by each side or by the judge, of potential jurors to determine their fitness to serve

Answer 25

Voir Dire examination

Question 26

Jury’s role is to determine questions of fact