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52 Cards in this Set

  • Front
  • Back
competancy
legal capacity to testify, witness must have 1)an understanding of the obligation to tell the truth 2) ability to communicate 3) knowledge of topic of testimony
complaint
initial pleading served and filed by the plaintiff stating his or her version of the facts, also called petition
concurring opinion
judge's concurring opinion agrees with the result of majority, but disagrees with the reasons used to support it's result.
congress
legislative branch of state and federal government, they enact laws.
constitution
sets forth fundamental laws which create the branches of gov. and ID's basic rights and obligations of a citizen. 50 state and 1 federal.
contempt
willful disregard or disobediance toward a judge.
contest
to challenge
corporation counsel
Attorneys who represent 1 corp, working in house.
corroborate
add weight or credibility to testimony
corroborate
add weight or credibility to testimony
counterclaim
claim or cause of action presented as defendants answer to plaintiffs complaint
criminal law
involves an offense which harms entire community and whose remedy is a fine or imprisonment for offender.
cross-claim
claim by one codefendant against another.
cross-examination
questioning of the witness after he has been directly questioned by the other side. Generally limited to topics raised by other side during direct examination.
damages
money paid by the party found liable to compensate the harmed party. (general, actual, compensetory, special, punitive, nominal, etc.)
damage hearing
separate hearing sometimes held after a party has been found liable. Limited to deciding amount of $ and amount of time loser has to pay the winner.
declaration against interest
out-of-court statement made by a non party against the interest of the non-party when she is no longer availiable for comment.
declaration of bodily feelings
spontaneous declaration made out of court regarding the person's present bodily condition.
It is admissible hearsay
declaration of mental state of mind
out of court statement about the person's present state of mind.
Admissible hearsay
declaration of present sense impression
out of court statement detailing an event while it is being observed by the person making the statement. Ex. Joe testifies that right before an airplane hit power lines Tina said "The plane is flying to low."
declaratory judgement
court decision which declares rights and obligations of the parties, but does NOT order the parties to do or refrain from anything. Seeks a declaration of the respective rights of the parties but does not seek damages.
default judgement
if defendant fails to file or plead within the statutory time allowed, plaintiff may request a judgement by default, a court order deciding the case in favor of the plaintif.
defendant
person or entity against whom a judgement is brought. May also be the respondant in a domestic or probate court action.
defendant
person or entity against whom a judgement is brought. May also be the respondant in a domestic or probate court action.
defense
response made by one party to the claims or allegations of another party.
demonstrative evidence
tangible evidence that can been seen or touched
deposition
pretrial discovery device, the asking of questions orally. Usually conducted under oath outside of the courtroom. Person being deposed is the deponent.
digesting documents
summarizing of a document such as a deposition or transcript.
directed verdict
Order entered by the trial court judge in favor of the part requesting it, because other party has failed to establish a "prima facie" cause of action or an adequate defense.
Defendant can request after plaintiff rests, Plaintiff can request after defendant has completed her defense.
direct evidence
evidence that establishes a fact without the need for inference. Preferred over indirect (circumstantial) evidence.
direct examination
Examination of the witness by the attorney who called him to the stand.
Followed by cross exam by by other party, the first attorney may then redirect exam the same witness.
discovery
pretrial devices used to obtain evidence and information from the other party to prepare for trial, prevent surprise and facilitate ettlement.
Ex. interrogatories, depositions, request for admissions and production of documents, etc.
dismissal with prejudice
dismaissal of a case based on procedural error. The case can still be filed again as long as error is corrected in the amended action.
dismissal without prejudice
dismissal of a case due to procedural error. Case can be refiled as long as error is corrected in the amended filing.
dissenting opinion
disagrees with the majority of the appelate court.
diversity of citizenship
basis for federal court to hear a case. Parties must be from diff. states and amount of money must exceed a statutory minimum (currently $75,000)
docket
court's calendar of pending cases.
Doctor Patient Privilege
one of many evidentiary privileges in which a patient can refuse to disclose any confidental communications, info cannot be disclosed without consent of both parties.
domicile
physical presence in a state with the intent to reside there.
draft
to write
Ex. letters, pleadings, discovery, motions, briefs.
due process
fundamental const. right. The evaluation of a case based upon the judgement of a disinterested objective party.
dying declaration
out of court statement concerning causes and circumstances of death when made by a person whose death is imminent.
Admissible hearsay.
elements
components of a cause or action
eminent domain
power of the state to take private property for public use without the consent of the property owner. State must provide reasonable compensation.
en banc
A decision in rendered en banc when all judges in the apellate court decide a case, as opposed to a panel of judges, usually three.
equal protection
14th amendment right which states no person should be denied the same protection of law as others get.
escheat
a power of the state used to take over of a person's estate who dies without a will, or there is no other person competant to inherit.
evidence
written or unwritten proof of the allegations between the parties of a lawsuit.
trial exhibit
items of tangible evidence offered to the court and jury for inspection and consideration.
ex parte hearing
hearing where only one party is present. Ex. A temporary restraining order is heard ex parte.
expert witness
a person who has been qualified as an expert and who will assist the jury in understanding complicated of technical subjects.
failure to state a cause of action
common affirmative defense. Alledges that plaintiff has failed to alledge sufficient facts to constitute a cause of action. Even if all the allegations were proven, they are not enough to establish a cause of action (crime) entitling the plaintiff to recover against the defendant.