Quiz 1 Flashcards
What are the two types of cases filed in courts
-Civil
-Criminal
What are Civil Cases?
Dispute between citizens, corporations, gov bodies, or other organizations.
Ex: Personal injuries, breach of warranty, contract disputes, adoption, divorce, etc.
What are decisions based on in Civil Cases?
Preponderance of evidence: The plaintiff must prove their case and persuade the judge/jury in comparison to the defendant
What are Criminal Cases?
brought by government against individuals or corporations accusing them of committing a crime.
The prosecution must prove to the judge/jury that the defendant is guilty beyond a reasonable doubt
What is a serious crime called
The more serious crimes are called felonies and are punishable by more than a year’s confinement in a state prison. Ex: arson, assault, larceny, burglary, murder,
and rape.
What is a lesser crime called?
misdemeanors and gross misdemeanors. Both are punished by confinement in a city/county jail.
EX of gross misdemeanors are theft of property or services valued at up to $250 and driving while under the influence (DUI)
25of alcohol or drugs.
Among the many types of misdemeanors are disorderly conduct,
prostitution, and possession of less than 40 grams of marijuana
How are jury’s selected? and how many ppl are seated
They are randomly selected from voters lists, ppl w/ valid drivers license/ID.
In superior courts 12 ppl are seated
In district 6 ppl are seated
What is Selection/voir dire
Questions that are asked of jury candidates to determine biases that could prevent them from hearing the case
What is Challenged for cause
If an answer to selevction/voir dire indicates the person isnt qualified they can be challenged for cause. The judge decides whether the person is disqualified
What is Peremptory challenges
The attorney may excuse a potential juror w/o reason.
The parties to a lawsuit must comply with the _______ _____ of the court in which the lawsuit is filed
Procedural Rules
All civil trials held in federal district courts are governed by __________
Federal Rules of Civil Procedure (FRCP)
What are the 3 phases of litigation
- Pretrial
- Trial
3.Postrial
What are the stages in a typical lawsuit
- Accident, breach contract, etc
- party hires a lawyer, who files a COMPLAINT and notifies/serves the defendant
3.Defendants attorney files an answer or motion to dismiss - Pretrial discovery and motions
- Trial and posttrial motions or an appeal
What does pretrial litigation process involve?
filing of the
pleadings, the gathering of evidence (called discovery), and
possibly other procedures, such as a pretrial conference
and jury selection.
What are pleadings
Complaint and answer.
Both parties know each others claims
What do complaints contain.
1.Jurisdiction:
2. Legal Theory: facts creating plaintiffs claim
3.Remedy: amount of damages plaintiff is seeking
What is service of process
Proof defendant has been formally notified of the lawsuit
What is a summons
a notice requiring the defendant to appear in court
What happens if the defendant does not file an answer
Default Judgement. plaintiff is awarded the damages alleged in the complaint
The defendants response to a plaintiffs complaint is called
an Answer
What are Affirmative defense’s
Admitting to one thing, but raising new facts that show youre not liable for damages
What is a counterclaim
Defendant denys plantiffs claims and sets forth thier own claim. The plaintiff must tsubmit and answer to the counterclaim
Motion to dismiss
Either party can ask the court to dismiss the case.
What is Motion for judgement
this motion asks the
court to decide the issue solely on the pleadings without proceeding to trial. The judge will grant when both parties agree on facts and the issue is a question aboiut the law.
Motion for Summary Judgment
asks the court to grant a judgment in that party’s favor without a
trial. The motion can be made before or during the trial.
Motion to strike
A defendant’s motion asking the court to strike (delete or remove) certain paragraphs from the complaint to better clarify the issues in dispute
What is a affidavits
sworn statements by parties or witnesses or copies of documents, such as contracts,
e-mails, and letters obtained through the course of discovery
What is discovery
The process of obtaining information from the
opposing party or witnesses prior to trial
What is deposition
(Unfiltered) Opposing attorney asks you questions, under oath, face-to-face, with a court reporter present.
Can be used to impeach a party/witness credibility.
What is Interrogatories?
A set of written questions, prepared by the opposing side, which must be answered under oath, and in writing
What is request for admissions
One party can request for an admission of the truth of matters relating to the trial from the other party.
Any fact admitted under such a request is established as a fact for the trial.
What are Requests for Examinations
of physical/mental condition of one party is in question, the opposing party can ask the court to order an examination by an independent examiner.
What is e-evidence
all computer-generated or electronically recorded information, such as e-mail, voice mail, tweets, blogs, social media posts, spreadsheets, documents, and other data stored electronically
What is Metadata
Metadata can be obtained only from the file in its electronic format—not from printed-out versions.
What is the The Right to a Jury Trial
The Seventh Amendment to the U.S. Constitution guarantees the right to a jury trial for cases at law in federal courts when the amount in controversy exceeds $20
Opening statements
Both attorneys set forth the facts they are going to try to prove during the trial
Rules of evidence
- Evidence must be relevant to the issues. ex Proves or disproves a fact in questions
-Hearsay evidence is not allowed
What is Hearsay
is testimony someone gives in court about a statement made by
someone else who was not under oath at the time of the statement
Direct Examination allows what type of questions?
Non-leading
Cross Examination allows for what types of questions?
Leading Questions.
Goals:
1. Demonstrate faulty memory/biased
2. not trustworthy
The pleadings procedure contains what
-paintiffs complaint
-defendants response
What are the pre trial motions
-motion to dismiss
-motion for judgement
motion for summary judgement
What is motion for a new trial
the judge will grant Motion for New trial if they believe the jury was in error. But is not convienced the losing part shouldve won
What is a writ of execution
takes place when the defendant doesnt have enough money to pay the judgement.
Directing the sheriff to seize and sell all of the defendant non-exempt assets, or property
What is Motion for Judgement n.o.v
Call for judge to answer against jury’s verdict
Whats an appeal
when someone who loses a case in a trial court asks a higher court (the appellate court) to review the trial court’s decision.
