Presentation Of Evidence (civil Litigation) Flashcards

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1
Q

Once opening statements presented _ will present their evidence first

A

Plaintiff

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2
Q

First form of evidence, presentation of

A

Testimony from witnesses

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3
Q

Second form of evidence, presentation of _ for jury to review (2)

A

Documents

Other tangible things

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4
Q

Concluding plaintiff’s evidence, defendant has right to make a motion to _

A

Dismiss or strike the plaintiff’s case

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5
Q

Motion to strike or dismiss plaintiff’s case based upon a number of _

A

Legal theories

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6
Q

Motion is opportunity for defendant to say, even if evidence is believed _

A

Not sufficient

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7
Q

To rule on (definition) to decide or give an opinion on _

A

Something that is in dispute or at issue

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8
Q

Typically motion from defendant on insufficiency of evidence is _

A

Denied

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9
Q

If motion denied, defendant has right to _

A

Present their evidence

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10
Q

Concluding defendants presentation of evidence, defendant may _

A

Renew their motion to strike

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11
Q

Concluding defendants presentation of evidence, defendant may ask for _

A

A direct verdict

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12
Q

Strike is to object to evidence that is _ and to ask judge to remove it from court records (2)

A

Irrelevant

Unfair

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13
Q

Plaintiff may make motion to strike any defenses and request _

A

Court enter judgement against defendant

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14
Q

Court enter judgement against defendant as a matter of _

A

Law

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15
Q

“As a matter of law” motion by plaintiff saying even if what defendant says is true, _

A

No bona fide defense to claim (nothing for jury to decide)

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16
Q

Function of jury is to

A

Hear evidence when there is a factual dispute

17
Q

Jury will evaluate the evidence and then

A

Render decision based on it

18
Q

If there is no true factual dispute, then nothing for jury to decide and _

A

The court (judge) will make the decision