Lecture 3 part 2

Question 1

Civil Court Procedures

Witnesses

Witnesses may be subject to ________-, which is an order to appear in court.Failure to appear may result in contempt of court, which can result in arrest,fines and/or imprisonment.

Answer 1

subpoena

Question 2

____________are called when the factual subject matter is beyond the scope of jurors

Answer 2

Expect witnesses

Question 3

Civil Court procedures
The Trial

Motion for _____________(prior to trial): One party attempts to convince the judge that the other side’s claims have no merit even if correct

Answer 3

summary judgment

Question 4

Motion for ___________(during the trial): after the introduction of evidence, one of the parties alleges that the other lacks sufficient evidence

Answer 4

directed verdict

Question 5

__________attempt to restrict the introduction of evidence or testimony and might constitute issues of law for appeal

Answer 5

Objections

Question 6

After all evidence is presented, the judge ___________the jury as to the applicable law to apply

Answer 6

instructs

Question 7

____________________(NOV): The judge may rule contrary to the jury if the jury clearly reached the wrong verdict

Answer 7

Judgement notwithstanding the verdict

Question 8

______________may be granted if a major error or violation of law or procedure occurred during the trial

Answer 8

Mistrial

Question 9

Either party may appeal the final verdict on the basis that the court committed and error of law. How many appeals are constitutionally guaranteed?

Question 10

For an appeal attorneys for each side submit a _______ to the court citing the legal principles and precedent involved and why the lower court erred.

Answer 10

brief

Question 11

Criminal Court Procedures
A defendant can be either indicted or arrested.

Grand juries issue _________ when they determine enough evidence exists for an arrest or trial.

Answer 11

indictments

Question 12

Court Case Citations

State and federal appellate court decisions are
often reported and have specific citations.

From the citation one can tell the names of
the parties, which court decided the case and
the volume and page number where the case
can be found.

Question 13

Grand juries are run by prosecutors

Question 14

Criminal Court Procedures

If arrested, at a _____________ a judge must
determine if there is probable cause for an arrest; and if
so, defendant must enter a plea at an ___________.

The parties may “plea bargain” where the defendant agrees to a lesser charge rather than face a trial.

Burden of proof is“beyond a reasonable doubt;”in a criminal case rather than a “preponderance of the evidence” as in a civil trial

Answer 14

preliminary hearing

arraignment

Question 15

Most civil cases settle out of trial so it never goes to trial

Question 16

Plea bargaining is NOT done in a court room

Question 17

In a civil case might be a long time until you get into civil court…a criminal case must be handled more quickly