chapter 5 Flashcards
(51 cards)
what are the Rules of Evidence for the state?
follow own rules; usually similar to federal rules.
the plaintiff files a complaint/petition under the _________ stage
pleadings
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?
plaintiff’s
what are the 2 types civil cases?
Federal Cases and state cases
what are the 3 Stages of Litigation?
- Pretrial
- Trial
- Post Trial
if the defendant doesn’t answer within the time limit after service, then he ______ and _______ wins
defaults, plaintiff
evidence that tends to prove/disprove a fact in evidence or establish the probability of the fact in evidence is called ________
relevancy
what are the 4 types of fees to pay an attorney?
- Fixed Fees
- Hourly Fees ($200-$900 in Brazos County)
- Contingency Fees (% of wins)
- Retainers (lump sum paid upfront b4 case begins, usually 10-20k)
when a defendant has a general denial they’re basically saying what?
“prove it”
an __________ defense is when the defendant shows that even though the plaintiff’s claim is proven, they shouldn’t win the case
alternative
Proof value has to be _________ than _________ affect. It can’t be ________ or confuse or mislead the jury
greater, prejudicial, cumulative
Motion for JNOV (judgment notwithstanding the verdict) is filed by the…
loser
state the motion:
when the court is asked to dismiss the case used when there’s no basis
motion to dismiss
state the motion:
when the judge is asked to listen to pleadings and decide based on that
motion for judgement on the pleadings
state the motion:
when a side is arguing to the court that there’s no factual issues
motion for summary judgement
any testimony given in court about a statement made by someone out of the court. (not admissible) is called _____
hearsay
the time in preparation to find out everything about the defendant’s case is called _______
discovery
what are the 5 types of discovery?
- depositions
- interrogatories
- requests for admission
- requests for documents and other tangible things
- requests for physical or mental exams
which type of discovery is ONLY used for witnesses?
depositions
x
x
________ are limited written questions
interrogatories
x
x
Requests for Documents is when a side asks for any ___________ evidence
tangible
Request for Mental or Physical exams can only be requested if the defendant’s ________ is _______ to the case
condition, relevant