Week 9 Lecture Flashcards

1
Q

The (1) or (2) is the first communication with the court. In these you leave blanks for the court to fill in to set the (3). If there is no settlement, the second time to talk to the court is the (4).

A
  1. Motion to Set and Certificate of Readiness
  2. 16 (b)
  3. status conference
  4. telephonic conference setting the trial date
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2
Q

A trial week is (1) starting on (2) or (3). The other day is a (4) for other matters. Always ask for (5) when setting trial. For a few-days trial, you will usually wait (6)

A
  1. 4 days
  2. Monday
  3. Tuesday
  4. “black day” or “off day”
  5. extra days
  6. 6-9 months
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3
Q

(1) before the trial date is the 16(c) (2). Before these, each party files a (3) for use by the (4). The conference must be attended by the (5)

A
  1. 5 days
  2. joint pretrial conference
  3. joint pretrial statement
  4. judge
  5. attorney attending the trial
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4
Q

The joint pretrial statement becomes the most important document for the (1). It is a (2) between attorneys and includes the parties’ (3), (4), (5), (6) and (7).

A
  1. trial phase
  2. collaborative process (goes back and forth and is amended)
  3. positions
  4. contested facts
  5. uncontested facts
  6. witnesses
  7. exhibits
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5
Q

If a witness is not on the disclosure but is in the JPS, (1)! Exhibits are not (2)–if both sides need to use one, it is included (3) in the JPS.

A
  1. object
  2. cumulative
  3. once
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6
Q

Witness information on the JPS should include (4), how much time is needed to (5) and (6). Exhibit information should include (7) and (8) as well as (9), which may be waived otherwise. The order of exhibits is defined by the (10), not by when they are offered at trial.

A
  1. who
  2. direct examine
  3. cross-examine
  4. what
  5. who is offering
  6. objections
  7. JPS
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7
Q

6 things to do 3-6 months before trial

A
  1. trial date calendared
  2. review discovery deadlines
  3. check with attorney about additional depos
  4. begin the process of ensuring exhibit modifications
  5. complete trial notebook
  6. finalize logistics (travel, hotels, conference rooms)
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8
Q

5 things to do 4-6 weeks before trial

A
  1. review pleadings
  2. prepare exhibit and witness lists
  3. draft pretrial statement
  4. draft pretrial and trial motions
  5. visit courtroom
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9
Q

4 things to do 2-3 weeks before trial

A
  1. contact client and witnesses about trial logistics
  2. schedule meetings with witnesses
  3. prepare trial subpoenas
  4. prep trial notebooks for attys
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10
Q

4 things to do 1 week before trial

A
  1. verify service of subpoenas
  2. finalize travel logistsics
  3. confirm arrangements for trial transcripts
  4. assist with cite checking trial brief
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11
Q

A pretrial conference is the meeting between a presiding judge and attorneys to facilitate the (1) and (2) of trial

A
  1. preparation

2. management

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12
Q

4 things that happen at a pretrial conference

A
  1. narrow/simplify legal and factual issues of the case
  2. stipulation to exhibits
  3. argue motions in limine
  4. file joint pretrial statement before conference
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13
Q

3 features of motions in limine

A
  1. rely on rules of evidence
  2. concern exhibits and/or testimony
  3. No replies
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14
Q

10 documents included in trial notebooks

A
  1. pleadings, motions, discovery responses
  2. witnesses
  3. expert witnesses
  4. document indexes
  5. deposition summaries
  6. timeline
  7. legal research
  8. trial exhibits
  9. jury instructions
  10. voir dire
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15
Q

3 things that go into the preparation of witnesses

A
  1. subpoena
  2. interview
  3. exhibits
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16
Q

The voir dire process involves the (1) versus the (2). It includes (3) and (4) challenges. Voir dire usually regards juries but can also be used for (5). Jurors are called in (6) from what remains after challenges.

A
  1. judge
  2. attorney
  3. peremptory (limited number) (any reason other than discrimination)
  4. cause (unlimited, but must be argued with judge)
  5. witnesses
  6. order
17
Q

10 parts of the jury trial

A
  1. opening statement
  2. plaintiff’s case in chief
  3. Motions (JMOL for jury, involuntary dismissal for judge)
  4. Defendant’s case in chief
  5. rebuttal evidence
  6. closing
  7. rebuttal to closing
  8. jury instructions
  9. verdict
  10. motions (new trial/mistrial/renewed motion for JMOL)
18
Q

Closing arguments usually only cover evidence that (1).

A

got in

19
Q

The direct exam asks (1). Leading questions are allowed ONLY for (2), and questions cannot be (3). This is because otherwise the questions (4) which makes (5) difficult. This is made difficult because (6).

A
  1. who, what, where, when, why
  2. laying foundation
  3. vague
  4. call for narrative
  5. objection
  6. objections are to questions, not answers! anything can come out in a narrative
20
Q

If an answer comes out to an objected question, you may have to (1)

A
  1. move to strike
21
Q

When asking questions, move in (1) and for injuries, from (2).

A
  1. chronology

2. head to toe

22
Q

The cross-exam should have (1) ONLY. This is a (2) containing all of the (3) that seek only a (4). It is NOT the opposite of an (5), and it is NOT asking questions to which we already know the answer, because (6).

A
  1. leading questions
  2. statement
  3. evidence
  4. yes
  5. open question
  6. it is not a question at all!
23
Q

A (1) to a leading question completes the cycle and makes it (2). A “no” is a (3).

A
  1. yes
  2. evidence
  3. chance to impeach
24
Q

In cross and direct exam, do NOT mention the (1) up front–use it only for (2), UNLESS (3).

A
  1. deposition
  2. contradiction
  3. the deposition itself is contradictory
25
Q

A motion in limine precludes evidence (1), which keeps (2) from having to happen at trial, reducing (3). It can also SOMETIMES be used to (4) evidence. This is not the same thing as a (5), which ends the prosecution’s case/

A
  1. prior to trial
  2. objections
  3. prejudice
  4. bring in
  5. motion to suppress
26
Q

Motions in limine include the (1) and (2) and are usually argued at the (3). It is important to notify (4) that speaking against a motion in limine can result in sanctions, mistrials, etc.

A
  1. motion
  2. response
  3. pretrial conference
  4. expert witnesses
27
Q

The defendant, after plaintiff’s case in chief, ALWAYS (1), citing that the plaintiff (2). Redundancy in trial is because the sides are making sure the (3) sees they are (4).

A
  1. directed verdict
  2. failed to meet the burden of proof
  3. judge
  4. meeting requirements (which is used to assess DV)
28
Q

Physical exhibits can come in through (1) or (2)–that’s it!

A
  1. direct exam

2. cross exam

29
Q

7 steps to admitting evidence

A
  1. “May I approach the witness?”
  2. Give exhibit to witness
  3. walk back to podium
  4. Ask witness to identify exhibit
  5. ask followup questions
  6. Ask judge to admit and whether other side objects
  7. PUBLISH - show the jury
30
Q

If evidence is already admitted, the steps of admission are not necessary – just show (1). Once evidence is in, (2) it!

A
  1. foundation

2. explain

31
Q

The closing arguments discuss (1) and (2) and sum up what was (3). They may also discuss (4) and other costs.

A
  1. burden
  2. law (jury instructions)
  3. heard
  4. blackboard (addable)