Chapter 2 Continued Flashcards Preview

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Flashcards in Chapter 2 Continued Deck (32):
1

Pretrial motions

A motion a party can make to try to dispose of all or part of a lawsuit prior to trial

2

Motion for judgement on the pleadings

A motion that alleges if all the facts presented in the pleadings are taken as true, the party making the motion would win the lawsuit when the proper law is applied to these asserted facts

3

Motion for summary judgement

A motion that asserts that there are no factual disputes to be decided by the jury; in this case, the judge can apply the proper law to the undisputed facts and decide the case without a jury. These motions are supported by affidavits, documents, and deposition testimony

4

Pretrial hearing

A hearing before the trial in order to facilitate the settlement of a case. Also called a settlement conference

5

Trier of fact

The jury in a jury trial; the judge where there is not a jury trial

6

Trial brief

Documents submitted by the parties' attorneys to the judge that contain legal support for their sides of the case

7

Phases of a trial:

1. Jury selection
2. Opening statements
3. The Plaintiff's Case
4. The Defendant's Case
5. Rebuttal and Rejoinder
6. Closing Argument
7. Jury Instructions
8. Jury Deliberation
9. Entry of Judgement

8

Voire Dire (Jury selection)

A process whereby prospective jurors are asked questions by the judge and attorneys to determine if they would be biased in their decisions

9

Opening statement

Statements made by the attorneys to the jury in which they summarize the factual and legal issues of the case

10

Burden of proof

A burden that the plaintiff bears to prove the allegations made in his or her complaint

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Plaintiff's case

The process by which the plaintiff introduces evidence to prove the allegations contained in his or her complaint

12

Defendant's case

The process by which the defendant (1) rebuts the plaintiff's evidence, (2) proves affirmative defenses, and (3) proves allegations made in a cross-complaint

13

Rebuttal and Rejoinder

(Rebuttal)After the defendant's attorney has completed calling witnesses, the plaintiff's attorney can call witnesses and put forth evidence to rebut the defendant's case. (Rejoinder) The defendant's attorney can call additional witnesses and introduce other evidence to counter the rebuttal

14

Closing statement

Statements made by the attorneys to the jury at the end of the trial to try to convince the jury to render a verdict for their clients

15

Jury instructions

Instructions given by the judge to the jury that informs the jurors of the law to be applied in the case

16

Jury Deliberation

The jury retires to the jury room to deliberate its findings. Then the jury assesses penalties in criminal cases

17

Verdict

The decision reached by the jury

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Judgement

The official decision of the court

19

Judgement notwithstanding the verdict (J.N.O.V.)

In a civil case, the overturning of the jury's verdict by the judge if he or she finds finds bias or jury misconduct

20

Appeal

The act of asking an appellate court to overturn a decision after the trial court's final judgement has been entered

21

Petitioner OR appellant

The appealing party in an appeal

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Appellee OR respondent

The responding party in an appeal

23

Alternative dispute resolution (ADR)

Methods other than litigation of resolving disputes

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Arbitration

A form of ADR in which the parties choose an impartial third party to hear and decide the dispute

25

Arbitration clause

A clause in contracts that requires disputes arising out of the contract to be submitted to arbitration

26

Federal Arbitration Act

Promotes the arbitration of disputes

27

Uniform Arbitration Act

Promotes the arbitration of disputes at the state level

28

Mediation

A form of ADR in which the parties choose a neutral third party to act as the mediator of the dispute

29

Conciliation

A form of mediation in which the parties choose an interested third party to act as the mediator

30

Minitrial

A session, usually lasting a day or less, in which the lawyers for each side present their cases to representatives of each party who have authority to settle the dispute

31

Fact-finding

A process whereby the parties hire a neutral person to investigate the dispute

32

Judicial referee

Conducts a private trial and render a judgement