Quiz 6 Content (Test 1)

Question 1

motion for summary judgment

Answer 1

• civil victim pretrial procedure
• both parties will file, tell judge this is a legal issue, so no need for jury
• π & Δ argue there are no issues in dispute of material facts requiring a trial to dissolve them
• rarely in state court, often fed
• try to ask judge to throw out COA’s
• judge options: sustain motion & dismiss case, deny motion, count by count decision, appeal & send back to start trial

Question 2

motion in limine

Answer 2

• civil victim trial procedure
• don’t need to always file
• when party asks to prohibit certain evidence from being presented to jury at trial b/c of prejudicial nature (makes them look bad & irrelevant)

Question 3

jury selection

Answer 3

• civil victim trial procedure
• draw names randomly, make pool smaller each month, time of trial 50-100 get selected
• potentials are questioned (“voir dire” = tells the truth under oath)
• selects 12, throws out invalids w/ biases
• 2 attorneys, have 3 “strikes for cause”

Question 4

opening statements

Answer 4

• civil victim trial procedure
• each party tells their side of trial
• where 90% of cases are won
• NOT evidence, just roadmap
• π always goes 1st

Question 5

π’s case in chief

Answer 5

• civil victim trial procedure
• π presents best evidence, witnesses, documents
• direct examination done by π’s lawyer
• Δ attorney does cross-examination, trips people up
• π attorney allowed rebuttal to what cross-examination brought up, but no new evidence

Question 6

Δ’s motion for directed verdict of dismissal

Answer 6

• civil victim trial procedure
• “Please judge, don’t need to send to jury, throw this case out”
• Will likely not be accepted, but has to make it
• If you don’t make motion, you can’t argue those things on appeal
• Must give judge a chance to rule

Question 7

Δ’s case in chief

Answer 7

• civil victim trial procedure
• Δ presents best evidence, witnesses, documents
• Direct examination done by Δ’s lawyer
• π attorney does cross-examination

Question 8

π’s case in rebuttal

Answer 8

• civil victim trial procedure
• Jury has to be instructed on what the law is
• Judge advises them on the law

Question 9

what are the steps of a civil victim trial procedure?

Answer 9

1) jury selection
2) opening statements
3) π’s case in chief
4) Δ’s motion for directed verdict of dismissal
5) Δ’s case in chief
6) π’s case in rebuttal
7) motion for directed verdict
8) final arguments
9) jury instructions
10) jury deliberation (most states require unaminous)
11) jury verdict
12) judgment
13) post-trial motions
14) appeals

Question 10

jury verdict

Answer 10

• civil victim trial procedure
• recommendation, judge is not forced to follow decision, but always will if verdict is legal
• piece of paper to judge

Question 11

judgment

Answer 11

• civil victim trial procedure
• judgment in conformity w/ verdict = judge agrees w/ jury
• judgment notwithstanding verdict = judge doesn’t agree w/ jury, changes fines

Question 12

post-trial motions

Answer 12

• civil victim trial procedure
• motion for new trial: almost always denied
• motion for judgment NOV: notwithstanding

Question 13

how many days do you have to appeal?

Answer 13

30 days to appeal

Question 14

what is the order of a civil victim procedure?

Answer 14

1) civil victim pretrial procedure
2) civil victim trial procedure
3) appellate procedure
4) debt collection
5) termination of judgment
6) alternative dispute resolution