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13 Cards in this Set
- Front
- Back
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- If the question is ambiguous - if the question is irrelevant or immaterial - if the question is too general or too broad - if the question is compound - if the question is argumentative - if the question is leading - if the question has been asked and answered - if the question mistakes evidence - if the question is inflammatory or prejudicial - if the question or statement is hearsay - if the questions calls for a narrative answer - if the question calls speculation |
What are the twelve (12) objections made at trial? |
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closing argument |
last chance to persuade the jurors
- may not contain any new evidence - are not present new evidences in the case, concluding thoughts may last for hours |
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- jurors must discuss issue before taking a vote - deliberations must be open and free - every issue in the case must be discussed - all evidence must be considered - verdict must be based on the only evidence admitted in court |
Procedures of jurors in deliberation |
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jury foreman |
speaks on the behalf of the other jurors - is responsible to: - makes sure every juror is present - makes sure every juror has participated and voted - makes sure the issue was fully addressed - gets clarification from the judge |
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damages |
amount of money a plaintiff is awarded, based on the injury caused on the plaintiff, by the defendant |
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compensatory damages |
actual damages, covering actual injuries or financial lost; purpose is to make the injured party whole again |
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special damages |
damages claimed or awarded for any out of pocket costs - breach of contract, failure to perform legal obligations, negligence - cannot be lower, must be equal to the extent as possible - must be objective - plaintiff presents medical bills, cost of repair, property, lost wages |
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general damages |
things that are harder to measure - injury - future health problems - death (lost of companionship) - limited mobility - pain and suffering - scars - lost of reputation |
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- plaintiff tolerance for pain - marital status - age - an pre-existing injuries - state-of-mind (negligence or malice (evil intent to do harm) - look at actions of the plaintiffs |
What are the factors for assessing special damages? |
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nominal damages |
damages that are awarded by the judge or jury after they are charged, but no real harm or damage was don as result of the defendants fault - used as evidence to prove that an action has been going on for a while |
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punitive damages |
exemplary damages involving punishment - makes an example of a person - a higher standard - awarded in less than 10% of cases - conduct must be outrageous or malicious - may NOT exceed 2x times the amount of actual damages |
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statutory damages |
reestablished by statutes - awarded in cases of copyright infringements, and trademarks |
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liquidated damages |
amount of money that 2 contracting parties agree upon if one party breaches the agreement - reduces uncertainty and stresses enforcement - must be reasonable - must have some relationship with the damage incurred - are voluntary |
