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68 Cards in this Set

  • Front
  • Back
steps of how we get into court
- file complaint
- summons
- service of process
- *motion to dismiss
- *default judgement
- *counterclaim
who do you file a complaint with?
clerk of court
note to defendant who being sued tell him that why and for what he is being sued and what court is hearing his case and the name of the judge. Also, tells him how long he has to respond to that initial complaint.
if D ignores summon
he is automatically ruled against
delivery of complaint and summon to defendant
motion to dismiss
sometimes sent with the response from the D where he/she says to the court that they
should dismiss the complaint because it lacks merit. (usually don’t work…only if the plaintiffs complaint is so ludicrous)
if the defendant fails to answer complaint, plaintiff automatically wins.
If defending – you must follow the timeline because if your client losses because you didn’t file in time...
you can be sued for malpractice.

filed by & def.
[also filed by the D] new lawsuit filed against plaintiff…also has time limit.
limit on how long you have to file a claim after the event occurs.
asks for witnesses, information, written statements, items of evidence and all other relevant information
purpose of motion to discover
[so there are no surprises during the trial]
Share of information by both sides in case. Each side is entitled to learn about the other party
Question and answer session out of court; no judge or jury
deposition contains
P&D attorney, witnesses and stenographer
is when
both sides the opportunity to ask direct questions of the opposing party's witness
set of written questions sent by party A to party B regarding information about facts of case that that party is basing their case on
Purpose of Interrogatories
Trying to see if they have real merit to their case
Purpose of Interrogatories Deposition and Discovery?
If all information can be shared before the case goes to court, there is greater likelihood case will settle. Good because this keeps the justice system running.
if one side doesnt follow the rules of Interrogatories Deposition and Discovery...
Penalized by court depending on how egregious the broken law is.
Request from one or both parties asking court to enter judgment in their favor prior to going to trial
SUMMARY JUDGMENT only happens when...
no issues of facts are being disputed
pre-trial conference
- Meeting between judge and lawyers to discuss issues of case before trial starts and set a time line for the trial
what is the most important thing discussed at a
can we settle the case and how quick can we do it?
why is SETTLING a case persued if possible
because the more the judge can settle, the more files the judge can get through and the smoother the court system runs

* NOTE : [but the judge can’t force you to settle, it is up to the attorney. Most time the settlement is in the client’s best interest]
2 types of trials
jury trial
bench trial
bench trial
trial without a jury. Judge only. In order for a bench trial, both sides must agree to it.
judge is the trier of ? (2)
trier of fact
trier of law
jury trial

where jury is trier of facts
judge is trier of law
type of situation where you might not want a jury
cases where it is very emotional.
why would you not want a jury in an emotional case?
Jury might base verdict on sympathy rather than on the facts.
how many juror is a jury in PA?
jury pool

(what & _ - _ )
what the jury is picked from

start at 100 -> 12
[ 12 that are best for you.]
“voir dire”

(origionation, translation, definition)
(french) to tell the truth

- jury choosing process.
One attorney needs to give a reason that one potential juror be stricken from the pool for any reason
Each side gets to excuse a few jurors right off the bat [doesn’t need to give a reason]
you don't need to give a reason with PEREMPTORY CHALLENGE
official start of trial
jury is sworn in
Opening statement
(follows immediately after jury sworn in)
Meant to be an overview of the case that is being presented. Tell about the client and witnesses that are going to be called
moving party goes first (the one who filed the case)

CIVIL – Plaintiff || CRIMINAL – Government
Direct Examination
attorney asks questions (already knows the answers and they know the answers)
attorney from the other side asks the same witness questions based from the answers that were given from the Direct examination
Closing Arguments
Attorneys’ argue for jury to rule in their favor
Directed Verdict
judge enters a verdict after the evidence has been presented because one side has failed to prove some essential element of the case
Part of the Trial

9/2 optional
- jury sworn in
- opening statement
- testimony
- direct examination
- cross-examination
- closing arguments
- *directed verdict
- jury deliberates and gives verdict
- *appellate process
The Appellate Court can:

agree with lower court
disagree with lower court and reverse the decision
send matter back to the lower court for additional proceedings
who is on the Appellate Court panel?
three judges
Appeal Process
the parties through council prepare briefs and argue their position before panel of judges who will review and record the record that was made at the lower court
who HAS to take appeals?
Circuit Court of Appeals and Commonwealth and Superior court
2 types of precedents
persuasive & binding
persuasive precedent
court of equal jurisdiction should follow decisions made by other courts (about the same type of case) but don’t have to.
binding precedent
courts below HAVE to follow decisions made by other courts about the same type of case
types of damages

equitable remedies
compensatory damages
meant to compensate for actual and direct damage (monetary)
consequential damages
damages that were not the immediate result of the actions of the other party but which were a foreseeable result of those actions
nominal damages
very small amount
punitive damages
damages meant to punish the losing party for egregious behavior
equitable remedies
want them to do something or not do something
court order to party to stop doing something they are doing or to refrain from doing something they plan to do. [ person asking for this is basically saying they are going to win the case but until the case is closed ]
Temporary Restraining order (TRO)
short term court order meant to preserve the status quo during the pendency of a legal process (until there is an answer for the trial)
Specific performance
court order requiring a party to fulfill his/her obligations under a contract
ask court to cancel a contract they entered into
Post judgment discovery
(aka asset discovery)

to find out about their belongings
call bank and see what they have (if they are withhold money and they do not owe the bank anything and they have money in their account, the bank is legally allowed to cut you check)
requirement that sheriff of county will go out and gather all belongings that equal the amount that is owed to the winning party