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40 Cards in this Set
- Front
- Back
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Ethics
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How people ought to act
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Litigation
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The process of filing claim in court and ultimately going to trial |
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Alternative dispute resolution
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Any other formal or informal process used to settle disputes without resorting to a trial
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Trial Courts
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Determine the facts of a particular disputes and apply to those facts the law given by earlier appellate court decisions |
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Jurisdiction
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A court's power to hear a case
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Appeals courts
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Have the right to review decisions of trial courts |
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Appellant
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The party filing the appeal
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Appellee
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The party opposing the appeal
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Briefs
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Written arguments on the case
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Reversed
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Nulified
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Affirmed
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Permitted to stand
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Federal question
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A case in which the claim is based on the United States Constitution, a federal statute or a federal treaty |
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Diversity jurisdiction
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(1) The plaintiff and defendant are citizens of different states and (2) the amount in dispute exceeds $75,000 |
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Writ of certiorari
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A petition asking the Supreme Court to hear a case
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Pleadings
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The documents that begin a lawsuit, consisting of the complaint, the answer, and sometimes a reply
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Complaint
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A short, plan statement of the facts alleged and the legal claim made
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Default judgment
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A decision that the plaintiff wins without a trial because the defendant failed to answer in time |
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Counter-claim
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A second lawsuit by the defendant against the plaintiff
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Reply
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An answer to a counter-claim
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Class action
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One plaintiff represents the entire group of plaintiffs, including those who are unaware of the lawsuit or even unaware they were harmed
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Motion
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A formal request to the court to take some step or issue an order
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Discovery
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The pre-trial opportunity for both parties to learn the strengths and weaknesses of the opponent's case
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Deponent
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The person being questioned
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Motion for a protective order
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A request that the court limit discorvery
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Summary judgment
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A ruling by the court that no trial is necessary because some essential facts are not in dispute
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Voir dire
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The process of selecting a jury
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Challenges for cause
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A claim that a juror has demonstrated probable bias
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Peremptory challenges
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The rights to excuse a juror for virtually any reason |
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Preponderance of the evidence
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The plaintiff's burden in a civil lawsuit
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Beyond a reasonable doubt
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The government's burden in a criminal prosecution |
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Direct examination
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When a lawyer asks questions of her own witness |
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Cross-examine
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To ask questions of an opposing witness
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Directed verdict
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A ruling that plaintiff has entirely failed to prove some aspect of her case
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Judgment non obstante veredicto
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A judgment notwithstanding the jury's verdict
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Precedent
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Earlier decisions by the state appellate courts on similar issues
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Affirm
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To allow the decision to stand
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Modify
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To affirm the outcome but with changes
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Reverse and remand
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To nullify the lower decision and return the case for reconsideration or retrial
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Reverse
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To turn the lower into the winner
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Harmless error
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A mistake by the trial judge that was minor to affect the outcome |
