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70 Cards in this Set
- Front
- Back
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In a civil procedure, who starts the process and brings the case to court?
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Individuals or Plaintiffs
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In a criminal procedure, who brings the case to court?
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The government, for offenses against the public
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_______ law is enacted to govern the relationships between two individual parties and does not normally involve the government
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Civil law
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__________ law is enacted to protect the public from harm
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Criminal law
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What is "Litigation?"
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Another name for a lawsuit
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What are the four advantages of going to court to settle a civil case?
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1. Precedent: a long history of fair and consistent rules
2. Outcomes are final, binding, and enforceable 3.Allows for decisions to be appealed (renegotiation/reversal) 4. Procedural safeguards (trial procedures) |
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What are the four disadvantages of going to court to settle a civil case?
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1. Expensive (no public defenders are provided)
2.Judges may lack expertise 3.Time delay due to court schedule overload 4.Court decisions are win/lose situations with no negotiation |
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What are the 4 types of ADR (Alternative Dispute Resolution)
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1. Arbitration
2. Mediation 3. Conciliation 4. Negotiation |
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True/False: In Mediation, both parties are bound by whatever the mediator's decision is.
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False
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True/False: Mediation can be either voluntary or court ordered.
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True
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What is the main advantage of mediation?
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The final decision rests in the hands of both parties, they are not bound by a decision
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What is binding arbitration?
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A dispute settled by a 3rd party in which the dispute is legally enforceable and final.
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What are the 5 advantages of binding arbitration?
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1. More Private (no public record)
2. Faster to get resolved 3. Less expensive 4. Less formal proceedings 5. Arbitrator is usually an expert in the field |
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True/false: You can appeal the decision of an arbitrator.
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False
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Give 2 examples of binding arbitration that we discussed in class
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1. Courtroom T.V.
2. Baseball arbitration |
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True/false: Most baseball players who file for arbitration settle before their case is heard.
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True: 88% of players who file for arbitration sign a contract before their case is heard
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True/false: In non-binding, the decision of the arbitrator is final
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False
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What is the intent of binding arbitration?
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Resolution (of the case)
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What is the intent of non-binding arbitration?
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Negotiation
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What is conciliation?
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A process where both parties to a dispute agree to use a 3rd party called a “conciliator” who meets with the parties separately (goes back and for the between parties) to resolve a disp
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True/false: A conciliator has the authority to call witnesses, bring forth evidence, and write a final decision
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False: conciliator is only there to try to get both parties to negotiate
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What is negotiation?
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Each party appoints a spokesperson to represent him or her in the reconciliation process
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What is the first step in a civil lawsuit?
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Law suits begin with the filing of a “pleadings” in the proper court (the court that has jurisdiction to hear the case)
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What are pleadings?
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Formal papers filed with the court by the “plaintiff” and the “defendant" stating the charges and the remedies being sought and how the defendant plans to plea (guilty/not guilty)
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What is a plaintiff?
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The party that accuses a person of a crime
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What is a defendant?
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– a person who is accused of a crime
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What do we call a legal document containing a short statement of the plaintiff’s claim against the defendant?
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Complaint
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What is a summons?
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Formal papers issued to the defendant to let him know that a law suit has been started against them
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What happens if a defendant does not answer a complaint in the legal time period allowed?
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They lose the case by "default"
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What is an "Answer"
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the defendant’s official response to the claims in the complaint
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In a trial proceeding, what are the "Methods of Discovery"?
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methods used to bring the facts out before the trial
Depositions, request for documents (exchange of all information by both attorneys) |
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What is a deposition?
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An out of court statement given under oath by any person involved in the case
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What is a subpoena?
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” A written order from the court compelling a person to testify or produce physical evidence
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What are the 5 steps in a civil trial?
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1.Jury Selection
2.Opening Statements 3.Presentation of Evidence/witnesses 4.Closing Arguments 5.Jury Deliberations |
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How many people typically serve on a jury?
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6-12
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In the jury selection process, what is "For Cause"?
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dismissal of a juror because either lawyer feels that there is information that will cause the juror to be prejudiced
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In the jury selection process, what are "Preemptory Challeges"?
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– permit a lawyer to excuse a juror without stating a cause
Each lawyer gets a certain # of these |
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What are the qualifications to be a juror?
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1. Must be a U.S. citizen
2. Must be a resident of the county 3. Must be 18 yrs. old 4. Must be able to read/write 5. Must understand the English Language |
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How much do you get paid per day to be a juror in Cook County?
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$17.20 per day
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How often can you be called to serve as a juror?
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Once every 12 months
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True/False: An employer must pay you for the days you miss work due to jury duty
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False
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What is the "burden of proof" in a civil lawsuit?
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"Preponderance of Evidence": greater weight of evidence to support your case
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What is the "burden of proof" in a criminal case?
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"Beyond a reasonable doubt"
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True/false: A defendant has to prove that he/she is not guilty
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False: the burden of proof is on the plaintiff
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What is "Direct Evidence"?
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Evidence that speaks for itself; eyewitness accounts, a confession, or a weapon
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What is "Circumstantial Evidence"?
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Suggests a fact by implication or inference
The appearance of a scene of a crime Suggests a connection or link with a crime |
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Does the plaintiff or defense go first in a trial?
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Plaintiff
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What are the 5 reasons for a mistrial?
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1.Death of a juror or attorney
2.Improper selection of a juror discovered during the trial 3.Juror misconduct 4.Error unfair to the defendant that cannot be corrected in instructions to the jury 5.Deadlock |
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True/false: A verdict must be unanimous in a criminal trial
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True
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What is a "Hung Jury"?
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Jurors cannot agree on a verdict resulting in a mistrial
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What are the 2 options once a mistrial has been declared?
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1.Case may be tried again at a later date before a new jury
2.Plaintiff or government (criminal case) may decide not to pursue the case further |
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Define "Verdict"
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Decision by the jury as to which side won the case
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Define "Judgement" in a trial case.
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The court’s determination of liability (who is responsible for what or who owes what) filed in public records
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True/False: In a civil case, the judge can increase/decrease damages or make other modifications
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True
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True/False:in a Criminal case: judge cannot modify verdict
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True
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What are the 2 types of remedies in a civil case?
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1. Payment of money
2. Some form of action required by the defendant |
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What is "Specific Performance"?
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Keep a promise made in a contract and specifically do what he or she agreed to do (can only be used when money damages cannot compensate the plaintiff such as sale of a rare painting)
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What is an "Injunction"?
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A specific court order to do or not to do something (stay away from someone
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What are "Miranda rights"?
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People must be informed of their constitutional rights when arrested (Miranda vs. Arizona;1966
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What is bail?
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Money or other property that is left with the court to assure that the accused will appear to stand trial (judge determines amt.)
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What is a "search warrant"?
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A court order allowing an officer to conduct a search
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What is "Probable cause"?
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A reasonable belief that a person has committed a crime
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What is the "Plain View Exception"?
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Police may seize suspicious items such as drugs/weapons that are in plain view without a search warrant
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What is a "Grand Jury"?
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A group of citizens called together by a court official to determine whether there is enough evidence to accuse the suspect of a crime
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What is an "Indictment"?
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A written accusation issued by a grand jury charging the individual with a certain crime
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What is an "Arraignment"?
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A procedure in which the accused is brought before the court, read the indictment, or information, and asked to plead guilty or not guilty
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True/False: A judge may impose the death penalty in a criminal case
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False: the death penalty can only come from a jury
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What age are you considered a juvenile in Illinois?
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Under 17 yrs. old
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True/false: Juveniles 13 yrs. old and above can be tried as adults under certain circumstances
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True
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15/16 yr. olds are automatically charged as adults for which 3 crimes?
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1.Murder
2.Armed robbery with a firearm 3.Aggravated criminal sexual assault. |
