Chapter 4 Part 3 Flashcards
(15 cards)
Opening Statement
-Gives an overall picture of the case
-attorneys familiarizing jury with essential facts
-After Opening statements, plaintiff introduces evidence to establish truth of allegations
Timing: Motion for a Direct Verdict
After the plaintiff has presented case(if plaintiff did horrible)
Motion for a directed verdict
requests judge to issue ruling after determining that there is no legally sufficient reason for a jury to reach a different conclusion. If granted, defendant wins
If motion for a directed verdict isn’t granted, what happens?
Defendant presents evidence through witnesses and attorneys present closing arguments
Burden of Proof
the standard the plaintiff would have to demonstrate in order to recover damages from the other party
What is the ‘standard’ in Criminal cases?
Beyond a reasonable doubt: hardest standard to meet
What is the ‘standard’ in Civil Cases
- Preponderance of evidence (majority of civil cases: easiest to meet
- Clear and Convincing proof: Middle Standard
Verdict
Decision by the jury announced in the courtroom when jury’s deliberations are over.
Judgement
Judge deciding whether to accept the verdict or not
Post-trial motions: Motion for Judgement Notwithstanding the Verdict (Judgement as a Matter of Law in federal court)
Granted if judge finds that reasonable persons viewing the evidence would not reach verdict
Post-trial Motions: Motion for a New trial
Granted if a legal mistake was made. Know timing
Appeals Process
short description of the case by each party to the trial and arguments for reversing or affirming the lower court decision.
Execution
When a court official seizes some property of the debtor, sells it at public auction, and applies the proceeds to the creditor’s claim
Garnishment
Involves having a portion of the debtor’s wages paid to the court, which in turn pays the creditor
Res Judicata
Needs to be same facts
