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36 Cards in this Set

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