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56 Cards in this Set
- Front
- Back
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Additur |
Page 199 granting a new trial unless a defendant agrees to accept an increase in the amount of the award |
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Affirm |
Page 200 indicates approval or reverse the decision which indicates an error of law |
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Alternate jurors |
Page 192 sit with the regular jurors in here the ovens if a regular becomes ill and has to leave the jury for some reason during the evidence phase and Alternate and joins the jury and it continues to function |
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Alternative dispute resolution |
Page 178, 201 consists of methods of resolving disputes other than traditional litigation |
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Appeal |
Page 199 file a notice of appeal to argue the case before a higher Court appeals are limited to questions of law |
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Arbitration |
Page 204, 205 the parties present their evidence to an impartial third party an arbitrator who makes a decision called an award before the arbitration begins of parties decide if the arbitration will be binding or advisory |
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Attachment |
Page 197 for a plaintiff exercise is a writ to the court to locate assets of the defendant |
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Award |
Page 205 the final decision of the arbitrator or panel of arbitrators is called an award. It is usually binding on the parties |
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Caucusing |
Page 203 mediation technique where the mediator meets with each party separately |
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Charge to the jury |
Page 196 for the jury is instructed in the apical area of a law in defiance any legal concept or jury instructions |
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Class action lawsuit |
Page 179 a lawsuit involving a group of plaintiffs or defendants who are substantially the same situation |
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Closing |
Page 196 or called summations where both sides rest each hasn't offered to persuade the jury by reviewing the testimony resetting the significant facts and then drawing conclusions from those facts |
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Complaint |
Page 180 plaintiffs first pleading. It informs the defendant that he or she is being sued |
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Contempt |
Page 194 obstructing the court witness that I has been sworn in lies can be held in contempt |
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Contingency fee |
Page 181 a fee to be paid to an attorney based on some contingency or event the most common Provisions are that the fee is due only if the case is settled or won |
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Cross-examination |
Page 194 an opportunity to question a witness and redirect |
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Default judgment |
Page 185 a judgement and default of the pendants appearance. Sometimes the defendant does not answer the complaint or does not appear on the date of the trial the court will award the plaintiff |
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Demeanor evidence |
Page 195 cases decided primary on the oral evidence presented at trial with little supporting evidence |
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Demurrer |
Page 191 to remove issues and or in lawsuits that are groundless Common Grounds for Demers include failure to state facts sufficient to constitute a legal action lack of jurisdiction lack of capacity to Sue and uncertainty or ambiguity |
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Deposition |
Page 187, 190 reducing to writing of a Witnesses sworn testimony taken outside the court |
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Direct examination |
Page 194 after witness has been sworn in the attorney question the witnesses when is his who like in bee pollen content |
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Directed verdict |
Page 196 motion for a directed verdict is address to the judge. It is usually requested at the close of an opponent's case the standard used by the judge is where they're the plaintiff has made a prima facie case a case that is obvious on its face it may be rebutted by evidence to the contrary I wish a plaintiff is entitled to recover if the plaintiff has not presented a prima facie case defendant is entitled to a directed verdict the judge cannot way the evidence of Judge must look solely at the evidence produced by the plaintiff accept any reasonable interference with evidence and disregard all challenges to The credibility of evidence |
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Discovery |
Page 179, 185 both sides have to gather facts and information to prepare for trial. Discovery can involve examining documents records and other pieces of physical evidence as well as taking the statements of the parties and other Witnesses |
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Dismiss |
Page 191 when a court considers in motion to dismiss it generally accepts as true the material facts alleged in the opposition's pleadings |
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Duress |
Page 205 when one party enters into a contract due to a wrongful threat of force |
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Enforcing the judgment |
Page 179 execution and attachment party Winds of Judgment at trial he or she has to collect the money awarded a judgment can be enforced by putting a lien on property garnishing wages or 10 court order for transfer of bank accounts or other property |
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Execution |
197 asking the court to okay defendants assets to force payment |
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Expert Witnesses |
Page 195 a witness who possesses special knowledge |
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Federal arbitration Act |
Page 207 expressly authorizes arbitration agreements and provide some federal guidelines |
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Fraud |
Page 205 when one party enters into a contract relying on a false statement of material fact |
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Gag order |
Page 194 ordered by judge to be silent about a pending case |
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General verdict |
Page 196 the judge ask who should win the lawsuit and how much he or she should receive in a special verdict the judge asks specific questions about the relevant factual issues in the case |
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Impeach |
Page 187 to use some evidence to question the truthfulness of a witness |
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Interrogatories |
Page 187, 190 written questions from one party to the other |
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Judgement |
Page 197 the verdict in a case |
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Judgement nov |
Page 197 Judgment notwithstanding the verdict the judge substitutes his or her own decision for that of the jury |
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Jury Consultants |
Page 193 parties going to hire jury Consultants to assist them in selecting sympathetic jurors jury Consultants come from varying backgrounds including marketing psychology and sociology collect istics about reactions of some socio-economic groups to trials generally and to issue that are expected to arise and particular trial on which they are Consulting |
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Jury instructions |
196 jury is instructed in the apical areas of law and defines any legal Concepts |
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Litigation |
Page 178 participating in the legal process |
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Mediation |
Page 203, 204 the parties use an impartial third party to help them communicate with each other and resolve their dispute person helping resolve the dispute is a mediator |
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Mini trial |
Page 204, 208 parties for Zenda evidence before a neutral the parties and tried to negotiate a solution the neutral may make and advisory award |
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Mock jury |
Page 193 lawyers practice our case before a group of mob tour with demographic background similar to those of the actual jurors |
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Mutual ascent |
Page 205 parties must agree to be bound by exactly the same terms |
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New trial motion |
Page 197 losing party May file a motion for new trial. It will be filed with the same judge who originally heard the case unless that judge is disable or disqualified |
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Negotiation |
Page 202, 204 discussion and resolution of a controversy by the parties involved |
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Peremptory challenge |
Page 193 often based on the attorneys intuition and our past experiences when attorney doesn't feel right about a prospective juror |
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Pettit jurors |
Page 192 ordinary jurors on the panel for the trial of a civil or criminal action |
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Res judicata |
Page 200 when a court issues a final judgment |
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Shuttle mediation |
Page 203 were the mediator physically separates as parties during the mediation session and then runs messages between them |
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Small claims court |
Page 200 can a pier without a lawyer reduces cost there is a maximum amount to be able to file in small claims court |
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Special verdict |
Page 196 the judge asked specific questions about the relevant factual issues in the case |
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Sua sponte |
Page 193 want to judge raises an issue on his or her own they do this voluntarily without prompting or suggestion of their own free will or motion |
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Subpoena duces tectum |
Page 189 in order to appear with records |
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Summary judgment |
Page 191 there's no genuine or triable issue the moving party is entitled to a summary judgment the court can drown a summary judgement on some issues or claim and not on others |
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Voir dire |
Page 192 prospective jurors may be required to complete a juror Information Form attorneys uses information to question potential jurors during the V or dire examination which is examination of potential jurors to determine their competence to serve on a jury |
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Writ |
Page 197 a document helping the plaintiff to attach defendants assets |
