Chapter 4 Part 2 Flashcards
(15 cards)
What are Pleadings
Filed within court to begin litigation process
What is the answer in Pleadings?
Defendant’s response to plaintiffs position. Defendant will admit or deny each allegation, failure to respond could result in favor of the plaintiff.
What is Discovery?
One party obtains information relevant to the case from the other party (dress rehearsal for trial)
Methods of discovery: Interrogatories (encouraging people to settle, no surprise)
Series of written questions presented to the opposing parties
Method of discovery: Request for production of documents
Either party asking the other to produce specific documents
Method of Discovery: Depositions
Lawyer orally asks questions of the possible witness or any other person involved in the case. Best method, very costly
What happens when one side refuses to produce requested evidence?
Allowed to file a motion to compelled discovery: judge orders other side to turn over whatever your seeking
Cost of Discovery?
Super high costly, majority spend 5-10 million on this
Abuse of Discovery?
Must preserve all relevant data from being destroyed
Pretrial Motion: Motion to Dismiss Examples
Lack of Jurisdiction, statute of limitation bars suit
Pretrial Motion: Motion for Judgement on the Pleadings
Based SOLELY on complaint and answer
Pretrial Motion: Motion for Summary Judgement
Looks at evidence and not just the pleadings
Voir Dire
Speak the Truth. Jurors may be excused for specific reason (biased) or peremptory.
Preemptory Challenge
No cause or reason needs to be given to excuse a prospective juror.
T or F. You are not allowed to use the internet in any sort of way while on the jury. Cant use it for race or gender
True
