chapter 5 Flashcards

(51 cards)

1
Q

what are the Rules of Evidence for the state?

A

follow own rules; usually similar to federal rules.

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2
Q

the plaintiff files a complaint/petition under the _________ stage

A

pleadings

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3
Q

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?

A

plaintiff’s

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4
Q

what are the 2 types civil cases?

A

Federal Cases and state cases

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5
Q

what are the 3 Stages of Litigation?

A
  1. Pretrial
  2. Trial
  3. Post Trial
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6
Q

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

A

defaults, plaintiff

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7
Q

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

A

relevancy

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8
Q

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

A
  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)
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9
Q

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

A

“prove it”

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10
Q

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

A

alternative

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11
Q

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

A

greater, prejudicial, cumulative

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12
Q

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

A

loser

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13
Q

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

A

motion to dismiss

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14
Q

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

A

motion for judgement on the pleadings

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15
Q

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

A

motion for summary judgement

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16
Q

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

A

hearsay

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17
Q

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

A

discovery

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18
Q

what are the 5 types of discovery?

A
  1. depositions
  2. interrogatories
  3. requests for admission
  4. requests for documents and other tangible things
  5. requests for physical or mental exams
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19
Q

which type of discovery is ONLY used for witnesses?

A

depositions

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20
Q

x

A

x

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21
Q

________ are limited written questions

A

interrogatories

23
Q

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

24
Q

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

A

condition, relevant

25
what goes on during pretrial conference?
attorneys meet with the judge to agree on how the trial is conducted, issues are limited, establish ground rules
26
which amendment gives the right to a jury trial in a federal court if the amount of controversy exceeds $20?
7th amendment
27
during jury selection, both attorneys ask them questions to _______ people off and to find the jury's _______
strike, biases
28
what are the 2 challenges attorneys can use towards the jury during jury selection?
challenge for cause, peremptory challenge
29
which challenge is a request to disqualify a juror for specific reasonings?
challenge for cause
30
which challenge doesn't require the attorney to state why the juror is being challenged? (exceptions are race and gender)
peremptory challenge
31
the losing party files the _____ in the trial court
appeal
32
a _____ is a transcript of testimony, including exhibits, pleadings, motions, charge, judgment
record
33
a _____ is filed by each party in the appellate court. it explains how the trial court erred and was right
brief
34
what are the 3 opinions on a decision?
affirm, reverse, modify
35
what's affirm?
when they agree with the lower court
36
what's reverse?
when they disagree with the lower court
37
what's reverse and remand?
reverse and send back to the lower court
38
what's reverse and render?
reverse and change decision without sending back
39
a _____ opinion is when they reduce the damages (can't be increased)
modify
40
if I call to the stand, I examine the witness is...
direct examination
41
_______ examination is when the other side does to my witness
cross examination
42
who is the party with burden of proof?
plaintiff
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.
directed
44
what are the steps of the trial?
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.
45
you make your argument to the jury during the _______ _______
closing arguents
46
during the court charge, the jury goes to a jury _________ then come back with a decision
deliberation
47
a _____ is what the jury returns
jury
48
motions can be tried during _______
post trial
49
a motion for new trial can be filed post trial and it means for the trial to _______ _______
start over
50
you file an appeal through the court system it was ______ tried
originally
51