Chapter 3 Flashcards
(32 cards)
What is the process of litigation?
The process of resolving disputes through the court system.
1. filing a lawsuit
2. gathering evidence
3. going through discovery
4. pre-trial motions
5. a trial
6. possibly an appeal.
What are trial phases?
- jury selection
- opening statements
- presentation of evidence
- cross-examination
- closing arguments
- jury deliberation
- verdict
- post-trial motions.
How do most lawsuit settle?
Out of court
Civil cases
Dispute between private parties
Criminal cases
Prosecution by the government for violations of law
Complaint
Formal initiation of a lawsuit
Service
Summons notifying the defendant
Answer
Defendants response, can include counterclaims
Motions
Pretrial legal request (dismissal, summary judgment)
Deposition
Witness testimony under oath
Interrogatories
Written questions under oath
Subpoena
Summons requiring a person to testify
Attorney-client privilege
Protects confidential legal discussions
Jury selection (Voir Dire)
Screening jurors for bias
Sequestration
Isolating jurors/witnesses from media influence
Opening statements
Overview of case by both sides
Presentation of evidence
Direct and circumstantial evidence
Cross-examination
Opposing attorney questions witnesses
Closing arguments
Summarization of case to jury
Standard of proof
Civil - preponderance of evidence
Criminal - beyond a reasonable doubt
Directed verdict
Judges ruling before jury decision
judgment notwithstanding the verdict (JNOV)
Overturning jury decision
What are the three types of verdicts?
General, special, and general with interrogatories
Arraignment
Formal reading of criminal charges
