Lecture 4-5

Question 1

All civil trials held in federal district courts are governed by the

Answer 1

Federal Rules of Civil Procedure (FRCP)

Question 2

What are the stages of Litigation

Answer 2

pretrial
trial
posttrial

Question 3

What are the types of the attorney fees?

Answer 3

1. Fixed fees: charged for the performance of such services as drafting a simple will
2. Hourly
   3.Contingency fixed as a percentage (usually
   33 percent) of a client’s recovery in certain types of
   lawsuits, such as a personal-injury lawsuit. If the lawsuit is unsuccessful, the attorney receives no fee,
   but the client will have to reimburse the attorney for
   all out-of-pocket costs incurred

Question 4

What are Pleadings

Answer 4

Complaint and answer:
inform each party of the other’s claims, reveal the facts,
and specify the issues (disputed questions) involved in the
case

Question 5

What do Plaintiffs Complaints concern?

Answer 5

-Jurisdiction Facts showing that the particular court
has subject-matter and personal jurisdiction.
-Legal Theory The facts establishing the plaintiff’s
claim and basis for relief
-Remedy The remedy (such as an amount of damages)
that the plaintiff is seeking

Question 6

What is service of process

Answer 6

Formally notifying the defendant of a lawsuit

Question 7

The plaintiff must deliver, or serve, a copy of the
complaint and a…

Answer 7

summons

Question 8

Plaintiff

Answer 8

The person who starts the lawsuit (Seeking something).
-Must allege concrete facts that are plausible which a jduge will scruntinize.

Question 9

Defendant

Answer 9

The person responding to the plaintiff

Question 10

Appellant

Answer 10

the person, on appeal, seeks something

Question 11

Respondent

Answer 11

The person, on appeal, responds

Question 12

What is a complaint

Answer 12

Starts the lawsuit when the plaintiff writes:
A brief declarative statement of the allegations, and request for relief (typically
$, but may be injunctive or equitable relief).

Question 13

What are Long arm statues

Answer 13

allow you to be sued by someone in another state if your conduct injured another person

Question 14

What is a sliding scale?

Answer 14

Courts use this test to decide if the defendant needs to go to another state. (Because traveling to another state is expensive)

Question 15

Diversity Jurisdiction

Answer 15

Happens when all plaintiffs & defendants are in different states.

-If more than $75,000
or
Argument involves a federal question
The defendant has the option to move the case from state to federal court

Question 16

Substantive Law vs Procedural law

Answer 16

Substantive Law(If accdient happens in WA state the fed applies WA law): Rules of contracts and rules of accident
Procedural Law: Rules of the lawsuits

Question 17

concurrent jurisdiction

Answer 17

it would be ok for various court systems to take and decide
the case based upon the subject.

Question 18

A passive website

Answer 18

EX: u buy something online and it explodes, no credit card, u pick it up. Insufficient

where only information is supplied – is insufficient to confer
jurisdiction;

Question 19

Commercial websites

Answer 19

that involve the sharing of data (think Itunes), or selling directly
online, is sufficient to confer jurisdiction.

Question 20

Choice of Law

Answer 20

Lawyers can choose which states laws will apply in court

Question 21

Contract Disputes

Answer 21

The law of the state where the contract was made, OR the law the parties to the contract AGREED TO IN THE CONTRACT, will be applied.

Question 22

VENUE

Answer 22

Once the Court has jurisdiction, the next question is (occasionally) where we should
actually have the trial.

Why? Timothy McVeigh; Kevin Coe. If 300ppl die the jurs will know someone who died so there is no impartiality

Question 23

What is a summons?

Answer 23

the notice to the defendant that s/he is being sued, and notice of how much time the defendant has to respond (and if the defendant fails, he will lose by “default”.)

Question 24

What happens if u cant find the defendant?

Answer 24

1.Service them by mail
2.Service by publication (rare)

Question 25

What is Default Judgement

Answer 25

if you ignore the summons, procrastinate, or just forget about it…. you will lose after a short ex parte (just the plaintiff the judge, and court reporter) hearing, in which the Judge will swear in the plaintiff and ask the plaintiff if the allegations in the complaint are true.

Question 26

What is an Answer

Answer 26

A defendantts answer: File (return to the court) an answer, which is a point-by-point response to the complaint, e.g., “admitted”, “denied” “I don’t know”.

Question 27

What are affirmative defenses

Answer 27

Can be included in filed answers. “Yes i did it, but u waited to long to sue me” (Statute of limitations)

Question 28

What are counterclaims

Answer 28

Can be included in filed answers
“You did ____ to me”

Question 29

What is a motion to dismiss for failure to state a claim/Demurrer

Answer 29

After being sued and answering, the defendant can request the court throws out the case. (Save money) Ex melted ice-cream

Question 30

PRETRIAL DISCOVERY

Answer 30

Trying to figure out what happened before the trial starts

Interrogatory – A set of written questions, prepared by the opposing side, which must be
answered under oath, and in writing

Question 31

Deposition

Answer 31

(Unfiltered) Opposing attorney asks you questions, under oath, face-to-face, with a court reporter present.

Question 32

Motion to Produce

Answer 32

A demand to see, or have produced, documents, objects, reports,
medical charts, etc.

Question 33

Protective Orders

Answer 33

Used to prevent a party who obtains discovery from making it public.

Question 34

Requests for Admissions/stipulation

Answer 34

Essentially agreements about what the facts are. Both parties agree on the facts

Question 35

Summary Judgements

Answer 35

Lawsuits where everyone agrees on the facts, but the law is what they are arguing about. They show the judge the facts and they apply the law.

Question 36

Attorneys may excuse (reject) a potential juror for one of two bases:

Answer 36

1.CHALLENGE FOR CAUSE:
If the juror has a bias or cannot otherwise be fair and impartial. There are no limits to the number of challenges for cause.
2. PEREMPTORY CHALLENGE Each attorney, in a superior court case, may excuse up to 6 jurors for any reason. Attorneys may never excuse a juror based upon race, sex or religion (Batson v. Kentucky).

Question 37

What are the tests Expert Witnesses go through

Answer 37

1. Can the theory be tested?
2. Has the theory been peer reviewed?
3. What are the error rates?
4. Generally accepted in the relevant community of experts.

Question 38

Direct Examination allows what type of questions?

Answer 38

Non-leading questions

Question 39

Cross Examination allows for what types of questions?

Answer 39

Leading Questions.

Goals:
1. Demonstrate faulty memory/biased
2. not trustworthy

Question 40

Motion to Dismiss / or / Directed Verdict

Question 41

Jury Instructions

Answer 41

The Court will provide instructions, which are the rules of law that the jury
should apply in the case.