Week 10-11 Lecture

Question 1

3 things the winner to a trial prepares and files

Answer 1

1. proposed form of judgment
2. application for attorney’s fees (if applicable–not in AZ)
3. statement of costs

Question 2

After the judgment is entered, the winner should (1) and renew this every (2). He should also move to (3) and consider negotiating (4).

Answer 2

1. record the judgment
2. 5 years
3. collect judgment
4. settlement

Question 3

5 things that can be added to a Proposed Judgment

Answer 3

1. attorney’s fees (if applicable)
2. costs
3. expert fees (if sanctions)
4. sanction amounts
5. pre/post judgment interest (if financing the loser)

Question 4

2 steps between the verdict and the judgment/order

Answer 4

1. Notice of Lodging Proposed Form of Judgment (efiled)(basically a transmittal)
2. attachment : Proposed Judgment as exhibit OR proposed order

Question 5

The Proposed Judgment must match the (1) or (2). It can be objected to within (2), and after this, the court may (4). A judgment becomes power once the (5), but becomes significant once the (6)!

Answer 5

1. verdict
2. ruling
3. 5 days
4. enter the judgment
5. judge signs it
6. admin dockets it

Question 6

Attorney’s fees in Arizona (per American Rule) can be asked for ONLY if (1) or (2). Application for these must be filed within (3) of (4), and the other side has (5) to object.

Answer 6

1. contract stipulates
2. statute decrees
3. 20 days
4. clerk’s mailing of decision
5. 10 days

Question 7

When asking for money on a Proposed Judgment, leave blanks because these amounts are (1) which is (2), and the other side gets to (3)!

Answer 7

1. reasonable
2. subjective
3. argue

Question 8

Application for costs must be filed within (1) of (2). These are (3) and can include (4), (5) but NOT (6). The other side has (7) to object.

Answer 8

1. 10 days
2. judgment
3. taxable
4. filing fees
5. deposition fees
6. expert fees
7. 5 days

Question 9

5 things to include on Proposed Form of Judgment

Answer 9

1. verdict/ruling amount
2. blank for attorney’s fees
3. blank for costs
4. interest (prime plus 1) (prejudgment and postjudgment)
5. sanctions for Offer of Judgment

Question 10

Why should the judgment be recorded?

Answer 10

So people don’t loan the loser money!

Question 11

2 types of debts/liens

Answer 11

1. unsecured (collateral generalized to many properties)

2. secured debt (specific house and mortgage–if house is sold, bank gets paid before lienholder)

Question 12

4 options for losers to a trial

Answer 12

1. pay judgment
2. negotiate settlement and pay
3. file motions
4. file appeal

Question 13

Difference between a Motion for New Trial and Appeal

Answer 13

Motion for New Trial requests retrial in the SAME COURT

Question 14

6 grounds for Motion for New Trial

Answer 14

1. verdict/ruling contrary to law
2. verdict/ruling totally defective
3. irregularity in court proceedings
4. excessive/insufficient damage awards
5. jury misconduct
6. newly discovered evidence

Question 15

If damages are considered insufficient, a party can either seek a (1) to lower them or an (2) to raise them

Answer 15

1. remitter

2. additor

Question 16

The two reasons most successful for Motion for New Trial are (1) and (2), because they indicate that (3)

Answer 16

1. jury misconduct
2. newly discovered evidence
3. circumstances have changed

Question 17

A Motion for a New Trial can be moved for whether or not a (1). It may be filed after a (2) as well. A person may move for a new trial as soon as the (3).

Answer 17

1. trial actually occurs
2. dispositive motion ruling
3. verdict is given

Question 18

An Appeal is a mistake in the (1), not the (2), who cannot make a mistake! (3) are not overturned.

Answer 18

1. judge
2. jury
3. harmless errors

Question 19

3 possible parties to an appeal

Answer 19

1. appellant (loser)
2. appellee (winner)
3. both appellant and appellee (cross-appeal by winner)

Question 20

It is very important for a Notice of Appeal to be (1)–otherwise the court will not have (2). It must be filed within (3) of the (4) OR (5), and a docketing fee must be paid within (6) of this filing (best just to file them together)

Answer 20

1. on time
2. jurisdiction
3. 30 days
4. entry of judgment
5. ruling on Motion for New Trial
6. 10 days

Question 21

3 things to include in Notice of Appeal

Answer 21

1. parties
2. filing and denial of Motion for New Trial
3. judgment being appealed

Question 22

The Notice of Appeal does NOT (1)–it just gives parties the (2)! A (3) will begin the process of staying the appeal. But parties can have a (4) to safeguard money paid to PLT-appellee. The (5) is the total amount of the judgment

Answer 22

1. stay the judgment
2. right to talk
3. Motion to Stay with a Request to Set Supersedeas Bond
4. bond hearing
5. presumptive amount

Question 23

The (1) is responsible for ordering the trial transcript.

Answer 23

1. Appellant

Question 24

The appellate brief sets forth the (1), (2), (3) and (4). There is no (5)–instead, the Court sets this forth in a letter.

Answer 24

1. legal issues
2. facts
3. standard of review
4. legal argumenst
5. fixed due date

Question 25

The Appellee Brief is due (1) after the (2), and it mimics the Appellant Brief in form.

Answer 25

1. 40 days

2. Appellent Brief

Question 26

2 final procedures after appeal trial

Answer 26

1. Petition for Review (30 days after appellate decision)

2. Petition for Certiorari (Supreme Court - discretion)

Question 27

4 post-trial judgment procedures

Answer 27

1. Record Judgment
2. Execution of Judgment within 30 days after entry
3. Post Judgment INTs (for assets)
4. Post-judgment Depos (for assets)

Question 28

3 parties to a garnishment (tool for enforcing judgment)

Answer 28

1. creditor
2. debtor
3. garnishee (named in lawsuit)

Question 29

Garnishments can be (1) or (2)

Answer 29

1. earnings (employer)

2. non-earnings (bank)