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46 Cards in this Set

  • Front
  • Back
How does the litigation process begin?
something bad happens to spark the process, a lawsuit
the very 1st thing you do in the litigation process?
consult an attorney who wants to be paid.
3 methods of payment to an attorney?
pay by the hour, pay by the case, or contengent fee structure
whats the most common payment method for a criminal defense court?
pay by the case, because they're criminals who usually dont have money
What does the contengent fee structure mean?
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.
why is contengent fee a good payment option
because poorer people who cant afford to pay will still be able to find representation
once the case goes to trial, whats the first step in trial? describe the process
pleading defined- the documents that show whats happening "the lawsuit"
After the pleading is defined this is next. 3 requirements
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
Once the complaint is in, this is next
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
If the defendant doesn't respond or acknowledge the service of process then the plantiff can motion for judgement, this is called?
possible default judgement
After the service of process, the defendant must
give an answer, either admit or deny allegations
Once the defendant enters his answer, they can motion for
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
The other option after the answer is given is to
motion for judgement on the pleadings- If all the facts are agreed to then why do we need a trial, judge makes judgement
Whats the counterclaim and when is it filed?
the defendant sues the plantiff back based on some facts in this lawsuit, right after he gives his answer
After the answer and motions for judgement or a counter claim, this comes
discovery phase, each side discovers the others case
Whats the easiest and least expensive method for the discovery phase?
interrogatiories, the plantiff sends a list of questions to the defendant and they must answer them under oath
Face to face questioning that must be answered under oath during the discovery phase?
4 phases of the discovery phase?
interrogatories, depositions, porduction of documents, and physical and mental evaluations
after the discovery phase there is the possibility of a
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
If the motion for summary judgement fails then its time for, what must you request
the trial, you decide either judge or jury trial and if you want a jury you must request it.
you do this while investigating possible jury people for a good jury
voir dire examinations
This is when the judge throws people off the jury because he sees biasis
challenges for cause
peremptory challenges-
where both sides of the case can throw off jurors without a reason, 3 per side.
2 rules with the peremptory challenges
you cant do it to make a racial or sexist jury
Once the jury is selected, its time for
burdens of proof, in criminal its the state, in civil its the plantif, you state why the defendant is guilty" innocent until proven guilty
After the burdens of proof...
plantifs case in chief, plantif calls witnesses for direct questioning, after each witness there is a cross examination.
what is the prima facie case requirement, motion for directed verdict
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
After the plantiffs case in chief and the prima facie case requirement, the defendant
displays their case in chief, they dont have to present info if they think they'll win, call witness, cross examin
Once the defendant has had their case in chief, its time for
the closing arguement, the final word, tells the jury what you already told them
After the closing arguement
the judge will give jury instructions and the verdict- the judge tells the jury exactly what their options are and what the laws state.
if the loser is unhappy with the verdict they will
motion for a new trial- asks the judge to throw this trial out and start over
Whats the NOV? the motion for judgement not withstanding the verdict?
asking the judge to reverse the jury's decision and give it to the other side
They get the legal briefs, oral arguements , and the readings from the trial, no new witnesses in this court
the appeals court
what do they do in appeals court, the goal?
search for reversible errors
what is the concept of a limited expressed powers?
the constitiution tells exactly what the government can and cannot do
Whats the starting point of the constitution and why?
the revolution and central government, the revolution was simply a war against centeral government
this articles gave all power to the states and not in the central government
the articles of confederation
whats the definition of federalism?
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
How can we change the constitution?
if the three branches decide it should be changed
Do we have an efficent government?
no it takes time and thought for everything, its good to be inefficent
What are the powers that are granted to congress?
to tax, spend, and declare war
where do all taxes start?
the house of reps
the only branch capable of declaring war?
congress also has the power to regulate interstate commerce due to this clause, what does it mean
the commerce clause powers, it means they have the right to regulate if something is affecting interstate commerce
Gibbons v. Ogden
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
Wickard v. Filburn
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