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36 Cards in this Set
- Front
- Back
List the procedure for trial
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Jury Selection
Opening Statements Plaintiff presents Defendant presents Plaintiff rebuttal Motions Closing Arguments Jury Instructions Jury Deliberations & Verdict Entry of Judgement |
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What are two ways to eliminate jurors
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Challenge for Cause - must have reason - unlimited
Peremptory Challenge - no reason - limited |
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What is an opening statement
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1) the attorneys talk to the jurors telling them what the case is about
2) Gives preview of evidence that will be submitted and what the plaintiff will prove |
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Who has the burden of proof
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The plaintiff
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What are the standards of proof in civil and criminal cases
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Civil - Preponderance of the Evidence
Criminal - Beyond a reasonable doubt |
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How does an attorney present evidence at a trial
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Testimony of witness
Introduction of Documentary Evidence |
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What is direct examination
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Examination of the witness by the attorney who called the witness
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What is cross examination
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Examination by the defendant attorney to the plaintiffs witness
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What is re-direct examination
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After cross examination, the plaintiffs attorney can ask his witness questions to clairfy the cross examination
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What is included in a closing argument
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summary of evidence presented in a manner that persuades the jury that your client's version of the facts are true
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Where does a jury get instructions
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From the judge
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What is a verdict
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Decision of the jury
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What are the types of jury verdicts
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General - which party wins and the amount of the award
Special - Jury answers specific written questions for each issue of fact submitted by the judge |
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A motion asking the judge to take the case away from the jury and decide it is called
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Motion for Directed Verdict
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When using exhibits, attorney's must estab lish the authenticity of the document
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TRUE
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The attorney must give a copy of the exhibit to the judge
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TRUE
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The attorney must lay a foundation to show that the exhibit is relevant
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TRUE
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When can attorneys ask leading questions
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During cross-examination
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Attorneys may exercise only a limited number of peremptory challenges
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TRUE
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Defendants who file counter-claims have the same burden of proof as the plaintiff
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TRUE
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Opening statemetns are generally argumentative
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FALSE
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After a verdict is returned no more motions are allowed
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FALSE
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What motions do attorneys make at the close of evidence in a jury trial
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Motion for Directed Verdict
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What are some examples of Post-trial motions
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Motion for Judgment Not Withstanding the Verdict
Motion for New Trial |
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What are some grounds for a new trial
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New evidence
Damages awarded too small or too large Misconduct by attorney Jury failed to follow judges instructions |
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What is JNOV
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Judgement Not Withstanding the Verdict - asks the judge to set aside the jury's verdict
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What is the final decision of the court called
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Judgment - resolves all matters in dispute among the parties to the litigation
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What is an appeal
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Asking a higher court to review unfavorable decision of a trial court
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Who can file an appeal
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Whoever is unhappy with the judgment of the court
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What are the grounds for appeal
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Error of the court
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What has to be done to initiate an appeal
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File notice w/clerk's office
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What is the difference between appeals process and the trial process
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No jury
No witnesses Only oral arguments before panel of appellate judges |
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What is the party who appeals the case called
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Appellant
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Who asserts that the trial court was correct
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Appellee
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What happens on appeal
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Notice filed/Costs & Fees paid/Transcription of lower court retrived/Briefs filed(Appellant-Appellee Reply-Appellant Response) Oral Arguments
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What are some valid grounds for appeals
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reversible error
judgement without sufficient conclusion of law |