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97 Cards in this Set

  • Front
  • Back
Sworn statements by parties or witneses
Affirmative defense
By raising new facts the defendant may show that they are not fully responsible for the action against them, this is called an affirmative defence
Alternative Dispute Resolution
Mediation and Arbitration
The defendants response
decision is an award like a small trial without any public record. Most civil cases involving 15,00 or less
assumption of risk
sign a waiver
monetary distribution
breach not a tort
contains a short statement of the facts, a statement of the issues, the rulings by the trial,
prosecution v. defendant - beyond a reasonable doubt.
civil case
Defendant v. plainfiff, may file director of verdict. Preponderance / greater weight of evidence
Closing Argument
Each part's attorney argues in favor of a verdict for his or her client.
Closing Argument
Each part's attorney argues in favor of a verdict for his or her client.
comparative negligence
an exercise of practicing safe practices
compensatory damages
compensation to plaintiff to make the plaintiff whole
the document filed by the plaintiff
Consulting with an Attorney
contributory negligence'
Conduct by the plaintiff, contributing as a legal cause to the harm he has suffered.
Counter Claim
defendant my deny claim and set forth his or her own action.
court system
on a county by county basis - criminal courts cannot try civil cases.
Crimes agianst society
Proclaimed in a statue
when the witness is questioned by the opposing side
Default Judgment
usually for failure to respond to the allegations
a sworn testimony by a prty to the lawsuit or by any witness
direct examination
when calling of a witness for questioning by the plaintif
The Process of gathering evidence concerning the case involves ( depositions, interogations, requests for admissions, documents, examinations, or other informaiton relating to the case.
dram shop act
a owner of a bar may be held liable for a customer's actions if he or she injures someone
duty of care
people may act as they want as long as they don't cause harm to others
Enforcing the Judgment
a law enforcment officer originates the idea of a crime
Examination of witnesses
Plaintiffs intro and examiation of witnesses
exclisive jurisdiction
can only be heard in a certain court
false imprisonment
time too long for offence
Federal district courts NC has 3
Parties must be from different states and the claim must be for 75,000 or more. The claim arises under the federal constitution or federal law
Federal Rules of Civil Procedure (FRCP)
Procedural rules of the court
four elementw of tort
Duty, breach of duty, Causation, and injury four elements
Good Samaritan statue
recuses a helper from a tort
is a statement made by someone who was no under oath when they made the statement.
in rem jurisdiction
Court jurisdiction over a defendants property
Written answers are signed under oath and delivered to othe party
Intervening causes-
a defence to liability - you shot someone and they ran into an ambulance and died on the way to the hospital.
judicial review
The constitutionality of leglislative enactments and actions of the executive branch
in civel cases involving property are enforced by writs of execution directing sheriff to seize property.
JNOV Judgment Notwithstanding the verdict
May be rendedred by the judge in spite of the jury's verdict. However, is only available if the defendant moved for dismissal.
Court orders defendant to perform or stay off the property
Jury instrucutions
The judge instructs the jury
the process of resolving a dispute through the court system. very costly and a settlement may occur
long arm statue
a state statue that permits a statae ot obtain personal juristiction over nonresident residents
A method of settling disputes, if not it goes to trial.
miranda vs arizona
given rights
is a procedural request submitted to the court by an attorney on behalf of her or his client
Motion for a directed verdict
raised if there is insufficient evidence to convict the defendant
Motion for a new trial
Judge may decide jury was in error,
Motion for judgment on the Pleadings
After pleadings are filed either party can ask for judgement prior to trial
Motion for summary judgment
Asking the court enter in their favor with out a trial, granted only if there are no factual disputes on the case.
Motion for Summary Judgment
notwithstanding the verdict, judge dissagrees with the verdict
Motion to dismiss
Defendant asking that the trial be dismissed, usually for improper service, lack of personal juristiction, or the plaintiffs failure to state a claim.
a condition which creates an unreasonable risk of foreseeable harm to another . Intent is not an elemetht. 1. Dut of Care, Breach of Duty, Causation; actual cause and proximate cause, and injury
negligence per se
an act In violation of a s statutory requirement
online dispute resolution
a method of settling disputes through organizaitons online
Opening statement
allows each attoryney to give opening statements
The Plaintiff's Complaint, The defendant's response
Post trial Motions
The trial court has broad discretion to reweigh the evidence, reassess credibility, disbelieve witnesses, and act as a thirteenth juror.2 A motion for JNOV, while more limited in scope, can be an even more powerful tool. Since a JNOV challenges the legal sufficiency of the evidence at trial,3 prevailing on the motion results in a new and different judgment in the moving party's favor
to identify the matters in dispute after discovery has taken place and to explore the possibility of setting the dispute without a trial.
Pretrial conference
A ppretrial hearing ath the request of either party or the court to identify the matters in dispute after discovery has taken place and to explore the possibility of setting the dispute without a trial.
Pretrial Motion
Motion to dismiss, Motion for judgmetn on the pledings, dismissal, Motion for summary judgment
Pretrial Procedures
summons, pleadings, pretrial Motions, Motion to dismiss, discovery depositions, interogations, request for produciton of documents, request for admissions. conference or motion that can settle the case
probate court
a state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person's estate
Procedural Rules
rules that define the manner in which the rights and duties of individuals may be enforced
question of fact
in a lawsuit , an issue involving a factual dispute that can only be decided by a judg, and not a jury.
question of law
In a lawsuit , an issue involving a factual dispute that can only be decided by a judge and not the jury
after the defendant attorney presents evidence, the plaintif may reply in a rebuttal
The defentant rejutes the rebullal of the plaintifss rebuttal
Relevant evidence
Evidence will not be submitted in court unless it is relevant
Request for admission
Were you there?
res uosa kiquitar
the thing speaks for itself - Defences are contributory negligence, assumption of risk, intervening causes, foreseeability
respeonde superior
let the master answere
Right to a jury trial
in the constitution
Service of Process
Can be delivered by email
small claims court
2,500 or less
strict liabilities
liabillity regardless of fault, used in tort cases where there is abnormally dangerous, dangerous animals, product liability
summary jury trail
trial by jury but verdict does not count
Superseding cause
an intrvening cause that breaks the connection between a wrongful act and an injury to another, a defence to liability
The Appeal
The Trial
Judge calls the court to order, jurors are selected, openneing statements, cases are presented, witnesses are called and sworn in. Direct and cross examinations. trial and testimony is taken
use of your land
the geographic district a jury is selected
Once the jury has reached a decision it will issue a verdict
Voir dire
The process of selecting jurors
writ of certiorari
a writ from a higher court asking the lower court for the record of a case
wrongful interference with a contractural realationship
a valid contract between two parties known by a third party that was intentionally broken by one of the third parties.
IV Ammendment
prohibits unreasonable search and seizure of property
V Amendmanet
Defendant must have' a notisce of charges, oportunity to defend, cannot be tried twice or forced to testify against self
VI Amendment
Def has right to speedy trial, confront witnesses, subpoena witnesses, assistance of counsel
VIII Amendment
Prohibits excessive bail and fines. Cruel and unusaul punishment.