Ba 230 Quiz 3

Front 1

How does the litigation process begin?

Back 1

something bad happens to spark the process, a lawsuit

Front 2

the very 1st thing you do in the litigation process?

Back 2

consult an attorney who wants to be paid.

Front 3

3 methods of payment to an attorney?

Back 3

pay by the hour, pay by the case, or contengent fee structure

Front 4

whats the most common payment method for a criminal defense court?

Back 4

pay by the case, because they're criminals who usually dont have money

Front 5

What does the contengent fee structure mean?

Back 5

the lawyer will take a % of what you earn. the lawyer fronts the lawsuit costs and gets paid back from the winnings, if you lose you pay nothing.

Front 6

why is contengent fee a good payment option

Back 6

because poorer people who cant afford to pay will still be able to find representation

Front 7

once the case goes to trial, whats the first step in trial? describe the process

Back 7

pleading defined- the documents that show whats happening "the lawsuit"

Front 8

After the pleading is defined this is next. 3 requirements

Back 8

the complaint- reason for a lawsuit. establish something that gives the court jurisdiction, must show why the defendant did wrong, and ask for a remedy

Front 9

Once the complaint is in, this is next

Back 9

the service of process:The plantiff has to deliver the defendant the service to appear and a copy of the complaint "you've been served

Front 10

If the defendant doesn't respond or acknowledge the service of process then the plantiff can motion for judgement, this is called?

Back 10

possible default judgement

Front 11

After the service of process, the defendant must

Back 11

give an answer, either admit or deny allegations

Front 12

Once the defendant enters his answer, they can motion for

Back 12

dismisal for failure to state a claim- this guy is suing me for something that is not illegalIf all the facts are agreed to then why do we need a trial, judge makes judgement

Front 13

The other option after the answer is given is to

Back 13

motion for judgement on the pleadings- If all the facts are agreed to then why do we need a trial, judge makes judgement

Front 14

Whats the counterclaim and when is it filed?

Back 14

the defendant sues the plantiff back based on some facts in this lawsuit, right after he gives his answer

Front 15

After the answer and motions for judgement or a counter claim, this comes

Back 15

discovery phase, each side discovers the others case

Front 16

Whats the easiest and least expensive method for the discovery phase?

Back 16

interrogatiories, the plantiff sends a list of questions to the defendant and they must answer them under oath

Front 17

Face to face questioning that must be answered under oath during the discovery phase?

Back 17

depositions

Front 18

4 phases of the discovery phase?

Back 18

interrogatories, depositions, porduction of documents, and physical and mental evaluations

Front 19

after the discovery phase there is the possibility of a

Back 19

motion for summary judgement, Asking the court to look over the discoveries and if there is no issue at hand then decide over the facts

Front 20

If the motion for summary judgement fails then its time for, what must you request

Back 20

the trial, you decide either judge or jury trial and if you want a jury you must request it.

Front 21

you do this while investigating possible jury people for a good jury

Back 21

voir dire examinations

Front 22

This is when the judge throws people off the jury because he sees biasis

Back 22

challenges for cause

Front 23

peremptory challenges-

Back 23

where both sides of the case can throw off jurors without a reason, 3 per side.

Front 24

2 rules with the peremptory challenges

Back 24

you cant do it to make a racial or sexist jury

Front 25

Once the jury is selected, its time for

Back 25

burdens of proof, in criminal its the state, in civil its the plantif, you state why the defendant is guilty" innocent until proven guilty

Front 26

After the burdens of proof...

Back 26

plantifs case in chief, plantif calls witnesses for direct questioning, after each witness there is a cross examination.

Front 27

what is the prima facie case requirement, motion for directed verdict

Back 27

after the plantiffs case in chief, the defendant will ask for this, the plantif must show that there is a law broken or else the case will get dismissed

Front 28

After the plantiffs case in chief and the prima facie case requirement, the defendant

Back 28

displays their case in chief, they dont have to present info if they think they'll win, call witness, cross examin

Front 29

Once the defendant has had their case in chief, its time for

Back 29

the closing arguement, the final word, tells the jury what you already told them

Front 30

After the closing arguement

Back 30

the judge will give jury instructions and the verdict- the judge tells the jury exactly what their options are and what the laws state.

Front 31

if the loser is unhappy with the verdict they will

Back 31

motion for a new trial- asks the judge to throw this trial out and start over

Front 32

Whats the NOV? the motion for judgement not withstanding the verdict?

Back 32

asking the judge to reverse the jury's decision and give it to the other side

Front 33

They get the legal briefs, oral arguements , and the readings from the trial, no new witnesses in this court

Back 33

the appeals court

Front 34

what do they do in appeals court, the goal?

Back 34

search for reversible errors

Front 35

what is the concept of a limited expressed powers?

Back 35

the constitiution tells exactly what the government can and cannot do

Front 36

Whats the starting point of the constitution and why?

Back 36

the revolution and central government, the revolution was simply a war against centeral government

Front 37

this articles gave all power to the states and not in the central government

Back 37

the articles of confederation

Front 38

whats the definition of federalism?

Back 38

the constitution gave the central gov't power, but it was written to protect the rights of the states and still fix alot of problems

Front 39

How can we change the constitution?

Back 39

if the three branches decide it should be changed

Front 40

Do we have an efficent government?

Back 40

no it takes time and thought for everything, its good to be inefficent

Front 41

What are the powers that are granted to congress?

Back 41

to tax, spend, and declare war

Front 42

where do all taxes start?

Back 42

the house of reps

Front 43

the only branch capable of declaring war?

Back 43

congress

Front 44

congress also has the power to regulate interstate commerce due to this clause, what does it mean

Back 44

the commerce clause powers, it means they have the right to regulate if something is affecting interstate commerce

Front 45

Gibbons v. Ogden

Back 45

Boats were going from nj to ny using the river and congress decided that they have the ability to regulate the travel of those goods

Front 46

Wickard v. Filburn

Back 46

Defines "affecting", wickard grew too much grain when it was regulated, even though his grain didn't leave his farm, it was affecting interstate commerce cause he would have need to buy the grain elsewhere