Quiz #4: Chapter 7 Flashcards
What are the types of pleadings?
- summons and complaint
- demurrer
- answer
- counterclaim
- bill of particulars
Discovery
Process of investigating facts of a case before trail. Rules established to prevent trial by ambush.
Attorney client privelege
Confidential communications made by a client and his or her attorney.
What are the 3 elements needed to establish attorney-client privelege?
- both parties must agree that the attorney-client relationship does or will exist.
- the client must seek advice from the attorney in his or her capacity as a legal advisor.
- communication between the attorney and client must be identified to be confidential.
Deposition
Used at trial ot in preparation for trial. Consists of oral examination followed by cross-examination by opposing side and interragotories.
What is the process for witness preparation?
- review the record
- do not be antagonistic or sarcastic
- answer only the questions asked
- slow down
- clarify questions
Pre-trial motions
Motion to dismiss a case and for summary judgement.
Pretrial conference
May be ordered at the judges initiative or parties to a lawsuit. Eliminate matters not in dispute. Parties agree on the issues and settle procedural matters prior to trial.
Notice of trial
One a decision to go forward is reached, the case is placed on the court’s calendar.
The court
- handles conduct of trial
- decides questions of law
- determines issues of procedure
- decides if evidence is admissible
- changes the jury
The jury
- selected from jury list
- determines issues of fact
- determines damages, if any
Subpoenas
A legal order requiring the appearance of a person and/or the presentation of documents to a court administrative body.
Burden of proof
The obligation of the plaintiff to persuade the jury regarding the truth of his or her case. A preponderance of the credible evidence must be presented for a plaintiff to recover damages.
Res ipsa loquitur
Legal doctrine that shifts the burden of proof from the plaintiff to the defense in a negligence case.
What are the 3 elements necessary for the res ipsa loquitur?
- the event would not normally have occurred in the absence of negligence.
- the defendant must have had exclusive control over the instrumentality that caused the injury.
- the plaintiff must not have contributed to the injury.
Who does the Opening statements?
Plaintiff’s and defendant’s attorney
What are the types of examinations of witnesses?
- direct
* cross
Types of evidences
- direct or circumstantial
- statutory violation
- policy and procedure violation
- demonstrative evidence
- documentary evidence
- judicial notice rule
- hearsay evidence
- expert testimony
Defenses
- assumption of risk
- contributory negligence
- comparative negligence
- Good Samaritan statutes
- borrowed servant doctrine
- statute of limitations
- sovereign immunity
- intervening cause
End of trial
- closing statements
- judge’s charge to jury
- jury deliberation and decision
- awarding damages