chapter 5

Question 1

what are the Rules of Evidence for the state?

Answer 1

follow own rules; usually similar to federal rules.

Question 2

the plaintiff files a complaint/petition under the _________ stage

Answer 2

pleadings

Question 3

statement of remedy & statement of facts that
1. Establish jurisdiction
2. show plaintiff’s claim/cause of action

this is shown in whose complaint/petition?

Answer 3

plaintiff’s

Question 4

what are the 2 types civil cases?

Answer 4

Federal Cases and state cases

Question 5

what are the 3 Stages of Litigation?

Answer 5

1. Pretrial
2. Trial
3. Post Trial

Question 6

if the defendant doesn’t answer within the time limit after service, then he ______ and _______ wins

Answer 6

defaults, plaintiff

Question 7

evidence that tends to prove/disprove a fact in evidence or establish the probability of the fact in evidence is called ________

Answer 7

relevancy

Question 8

what are the 4 types of fees to pay an attorney?

Answer 8

1. Fixed Fees
2. Hourly Fees ($200-$900 in Brazos County)
3. Contingency Fees (% of wins)
4. Retainers (lump sum paid upfront b4 case begins, usually 10-20k)

Question 9

when a defendant has a general denial they’re basically saying what?

Answer 9

“prove it”

Question 10

an __________ defense is when the defendant shows that even though the plaintiff’s claim is proven, they shouldn’t win the case

Answer 10

alternative

Question 11

Proof value has to be _________ than _________ affect. It can’t be ________ or confuse or mislead the jury

Answer 11

greater, prejudicial, cumulative

Question 12

Motion for JNOV (judgment notwithstanding the verdict) is filed by the…

Answer 12

loser

Question 13

state the motion:
when the court is asked to dismiss the case used when there’s no basis

Answer 13

motion to dismiss

Question 14

state the motion:
when the judge is asked to listen to pleadings and decide based on that

Answer 14

motion for judgement on the pleadings

Question 15

state the motion:
when a side is arguing to the court that there’s no factual issues

Answer 15

motion for summary judgement

Question 16

any testimony given in court about a statement made by someone out of the court. (not admissible) is called _____

Answer 16

hearsay

Question 17

the time in preparation to find out everything about the defendant’s case is called _______

Answer 17

discovery

Question 18

what are the 5 types of discovery?

Answer 18

1. depositions
2. interrogatories
3. requests for admission
4. requests for documents and other tangible things
5. requests for physical or mental exams

Question 19

which type of discovery is ONLY used for witnesses?

Answer 19

depositions

Question 20

x

Answer 20

x

Question 21

________ are limited written questions

Answer 21

interrogatories

Question 22

x

Answer 22

x

Question 23

Requests for Documents is when a side asks for any ___________ evidence

Answer 23

tangible

Question 24

Request for Mental or Physical exams can only be requested if the defendant’s ________ is _______ to the case

Answer 24

condition, relevant

Question 25

what goes on during pretrial conference?

Answer 25

attorneys meet with the judge to agree on how the trial is conducted, issues are limited, establish ground rules

Question 26

which amendment gives the right to a jury trial in a federal court if the amount of controversy exceeds $20?

Answer 26

7th amendment

Question 27

during jury selection, both attorneys ask them questions to _______ people off and to find the jury's _______

Answer 27

strike, biases

Question 28

what are the 2 challenges attorneys can use towards the jury during jury selection?

Answer 28

challenge for cause, peremptory challenge

Question 29

which challenge is a request to disqualify a juror for specific reasonings?

Answer 29

challenge for cause

Question 30

which challenge doesn't require the attorney to state why the juror is being challenged? (exceptions are race and gender)

Answer 30

peremptory challenge

Question 31

the losing party files the _____ in the trial court

Answer 31

appeal

Question 32

a _____ is a transcript of testimony, including exhibits, pleadings, motions, charge, judgment

Answer 32

record

Question 33

a _____ is filed by each party in the appellate court. it explains how the trial court erred and was right

Answer 33

brief

Question 34

what are the 3 opinions on a decision?

Answer 34

affirm, reverse, modify

Question 35

what's affirm?

Answer 35

when they agree with the lower court

Question 36

what's reverse?

Answer 36

when they disagree with the lower court

Question 37

what's reverse and remand?

Answer 37

reverse and send back to the lower court

Question 38

what's reverse and render?

Answer 38

reverse and change decision without sending back

Question 39

a _____ opinion is when they reduce the damages (can't be increased)

Answer 39

modify

Question 40

if I call to the stand, I examine the witness is...

Answer 40

direct examination

Question 41

_______ examination is when the other side does to my witness

Answer 41

cross examination

Question 42

who is the party with burden of proof?

Answer 42

plaintiff

Question 43

A motion for a ______ verdict is a request during a trial where one side asks the judge to decide the case in their favor without letting it go to a jury.

Answer 43

directed

Question 44

what are the steps of the trial?

Answer 44

B. The Trial. 1. Opening Statements. 2. Examination of Witnesses. a. Direct examination. b. Cross examination. c. Redirect examination. d. Recross examination. 3. Party with burden of proof (plaintiff) rests. 4. Motion for directed verdict. 5. Opposing party (defendant) presents case. 6. Defendant rests. 7. Either party can move for directed verdict. 8. Rebuttal. 9. Rejoinder. 10. Closing arguments. 11. Court charge. a. Instructions to jury on law. b. Questions for jury to answer on liability and damages. 12. Verdict. a. Announced in court after decision made by judge or jury (deliberations). b. If jury trial, jurors are then discharged.

Question 45

you make your argument to the jury during the _______ _______

Answer 45

closing arguents

Question 46

during the court charge, the jury goes to a jury _________ then come back with a decision

Answer 46

deliberation

Question 47

a _____ is what the jury returns

Answer 47

jury

Question 48

motions can be tried during _______

Answer 48

post trial

Question 49

a motion for new trial can be filed post trial and it means for the trial to _______ _______

Answer 49

start over

Question 50

you file an appeal through the court system it was ______ tried

Answer 50

originally