Civil Litigation final Flashcards
(126 cards)
1
Q
What Is Civil
Litigation?
A
The process of resolving private disputes through the
judicial process. These disputes can be domestic or
non-domestic. They can be in various courts.
2
Q
What is a Trial
A
A Court proceeding in which parties to a
legal action present testimony, evidence and
arguments before a judge or jury.
3
Q
Substantive Laws
A
Laws that determine the
parties’ rights and obligations as opposed to the
procedures used to enforce them
4
Q
Procedural Laws
A
Laws that set forth legal
procedures or methods used by parties to
enforce their rights or to oppose claims made
against them
5
Q
Types of Civil Disputes
A
Domestic
Torts (ie. Personal Injury cases)
Contract Law (ie. Breach of Contract)
Intellectual Property (ie. Copyright and Trademark)
Real Property
Products Liability
Corporate
6
Q
Civil Procedure
A
The rules that apply in a civill action and determine how a civil case proceeds through
the legal system. In federal courts, these rules are found in the Federal Rules of Civil
Procedure. In district and circuit courts, these rules are found in the State Rules of Civil
Procedure. These Rules govern how an action is initiated and how it proceeds
throughout the litigation process.
7
Q
Statutory Law
A
a form of substantive law. It is law that is established by an act of legislature. It is also
a primary source of law. Statutes are quite often the basis for a plausible cause of action.
8
Q
Case Law
A
It is law that is established court opinions that have resulted
in creating precedent. It is a primary source of law.
9
Q
Alternative Dispute Resolution
A
is a
voluntary, and sometimes
involuntary method of encouraging
and achieving fair and amicable
settlements without the necessity of
litigation.
10
Q
Types of Alternative Dispute Resolution
A
Mediation
Negotiations
Arbitration
Pre-trial Settlement Conferences
11
Q
Jurisdiction
A
is the power that a court has to hear a case.(ie.
What state and what court) The court must have both personal
jurisdiction and subject-matter jurisdiction.
12
Q
Venue
A
is the specific
location where the case will be heard
13
Q
What should you consider when deciding jurisdiction and venue
A
Where
the incident occurred, where the parties reside, the amount of
the damages being sought, whether there are constitutional
issues, whether the case involves a subject matter of limited
jurisdiction, and whether there is diversity citizenship.
14
Q
Courts of Limited Jurisdiction
A
Bankruptcy Court
Orphan’s or Probate Court
Landlord Tenant Court
Juvenile Court
15
Q
Attorneys Fees and Billable
Hours
A
Retainer Fees – Gets replenished until case is
concluded.
Flat Fees – 1 time fee charged for the entire case or
specific service in cases of limited scope.
Contingency Fees – No fee unless the case is won.
Billable Hours: Are the hourly rate that the attorneys
and paralegals bill for all work performed in the case.
These fees are generally applied against the retainer fee
and the client receives an invoice reflecting the fees
that have been paid and the remaining retainer
balance.
16
Q
CAUSE OF ACTION
A
A cause of action is the legally recognized right to relief. Before a party can file an
action, he or she must have some injury, damage or grounds for which the law
recognizes a right to sue
17
Q
DOCUMENTS TO
BE OBTAINED AT
INTAKE
A
Wage Statements
3 years of most recent tax
returns
Deeds,
Bank statements,
Benefits statements,
Medical records,
school documents,
court orders
, executed agreements,
relevant emails and text messages,
relevant photographs,
witness statements,
vehicle titles, inventory of
property (marital and non-marital)
18
Q
What is evidence?
A
testimony and/or documents relied upon to
prove or disprove alleged facts in a case.
19
Q
Types of Evidence
A
Direct evidence
circumstantial evidence
Judicial Notice
20
Q
Direct evidence
A
Evidence that a witness personally observed
or has personal knowledge of.
21
Q
Circumstantial evidence
A
Evidence that does not directly
establish a disputed fact. It often requires a trier of fact or jury
to draw reasonable and logical inferences
22
Q
Judicial Notice
A
The court’s acceptance of the truth of a fact
without the necessity of evidence. This occurs when the facts
are official such as in a court order or are so universally known
that they cannot be reasonably be refuted.
23
Q
Rules of Evidence in
Civil Litigation
A
Relevancy
Hearsay
24
Q
Relevancy rule of evidence
A
Evidence must be relevant to be admissible.
25
Hearsay
Out of court statements made by a third party
that are introduced by a witness in court and offered to prove the truth of the alleged facts being presented.
26
Exceptions to Hearsay
Excited Utterance – Because of the excitement, the person is presumed to
have had no time to fabricate the statements.
Existing mental, emotional, or physical condition – Statements that show
the declarant’s state of mind, emotion, or physical condition are admissible.
Includes statements that show intent, plan, motive, mental feeling or pain.
Business records – Records kept in the normal course of business activity
because businesses regular accurate records for their operations.
Unavailability of the person who made the statements – Witness that are
unavailable for trial such as death or illness, assertion of a privilege and
refusal to testify (ie. Self-incrimination), or inability of the court to secure the
presence of that person at trial.
Statements against interest – When a person has made a statement
against their own legal, business, or financial interests because it is
assumed that the person would have no reason to make up detrimental
statements against themselves
27
Privileged
Communications
Attorney-Client Privilege
Spousal Privilege
Doctor-Patient Privilege
Attorney Work Product Privilege
28
What is an expert witness?
A person who possesses special
knowledge, training and/or education on a specific topic of
relevance to your case. They are typically used to prove or
disprove a fact and/or theory of your case.
29
How are expert witnesses qualified?
The court must consider the education,
knowledge, skill, and experience in the field in which he is
testifying
30
STATUTE OF LIMITATIONS
It’s the lawful timeframe in which a case must be filed. Most civil matters must be filed within four (4)
years from the date of the accident or occurrence; however, it will depend on the type of civil action
31
Laches
is an equitable principle that prevents lawsuits from being filed when, in fairness to the defendant, too much
time has passed, even though the statute of limitations may not have expired.
32
The complaint
a document that alleges the factual basis for the lawsuit. Before filing the complaint,
you must be sure that the court has proper venue and jurisdiction (subject-matter jurisdiction)
The Complaint can have multiple causes of action or counts
The complaint also sets forth the relief that the plaintiff is seeking
33
Types of reliefs
Specific Performance – order requiring a defendant to fulfil his/her promises in a contract. This is a
form of equitable relief. Equitable relief is a judicial remedy other than money damages. Other examples
are injunctions, restitution, declaratory relief, quiet title action, or recission
Monetary Damages – includes compensatory damages (money that compensates the plaintiff for
actual loss, including pain and suffering) and punitive damages (money awarded to punish the defendant
for the intentional or malicious conduct that causes injury)
34
Summons
A form served with the complaint informing
the person (defendant) of a lawsuit that has been filed
against him or her. It also provides the time limit for
responding to the complaint and the consequences for
failing to do so
35
Personal Service of Process
Notice of a lawsuit that is
given to the defendant by personally delivering a copy of
the complaint to that party. Service can be made on the
person or anyone that lives in the same household as
long as the person is competent and over the age of 18.
Sometimes a defendant evades service, in which case,
the rules provide for alternative forms of service by order
of the court
36
Proof of service
Written verification that papers have
been delivered to a defendant or party, detailing when,
where, and how the papers were delivered per the rules.
37
Types of Denials
General Denial: All of the allegations are
denied in one paragraph
Specific Denial: The defendant specifically
responds to each of the allegations. This type
of denial often includes averments
Qualified Denial: A combination of general
and specific denial
38
How is the answer filed and served?
The original answer is filed with the same court. It
should be accompanied by a cover letter, civil
information sheet, and certificate of service.
A copy must be mailed to the Plaintiff’s attorney. If
the plaintiff is unrepresented, it must be mailed to
the plaintiff at his or her last known mailing
address.
39
Responses to a complaint
1. Contest or Agree to the Allegations by filing an Answer and/or Counter-Complaint.
2. Challenge the legality by filing an appropriate Motion.
3. Do Nothing, which will result in a default judgment in favor of the plaintiff.
4. Negotiate a Settlement and file your answer with a copy of same
40
What If a defendant fails to file an answer to a
pleading within the time required by the rules?
the plaintiff may file a request for default
judgement. This default is generally granted
as long as the record reflects an affidavit of
service and no answer filed by the defendant.
The defendant will receive notice of the order
of default and will have 30 days from that date
to file his or her answer before it becomes
enrolled. Once its enrolled, the court can and
will proceed on the Plaintiff’s complaint and
grant the relief sought therein.
41
Motion to Dismiss
A party request that the
court strike the cause of action prior to any
judgment. It quite often is raised for a failure to
state a claim upon which relief can be granted.
42
Motion for more definite statement
A motion
made in response to a complaint in which the
defendant challenges the clarity or specificity
of the complaint. This too is often used for a
failure to state a claim upon which relief can be
granted.
43
What is Discovery?
The procedure used by parties in a lawsuit to obtain and
gather facts from the opposing party that are relevant to their
pending legal action. The purpose of discovery is to obtain
factual information and documents that will ultimately be relied
upon as evidence to support your position in the pending
lawsuit. The exchange of information and documents includes
depositions, interrogatories, request for production of
documents, requests for physical and mental examinations,
request for admissions, and subpoenas.
44
What is Scope of Discovery?
The amount and type of
evidence that can be sought during the discovery process.
45
Electronically
Stored
Information
Electronically stored information includes all computer-
generated records such as those found in app records,
backup tapes, cookies, metadata, GPS tracking records,
smartphones, laptops, etc.
46
DISCOVERY
METHODS
Deposition
Interrogatories
Request for Production of Documents
Request for Physical or mental examination
Request for Admission
Subpoenas
47
Depositions
An out of court examination that is under oath that occurs during the
litigation process.
48
Interrogatories
written questions that require the opposing party to provide
written answers under oath. The Rules of civil and criminal procedure permit a
maximum of 30.
49
Request for production of documents
A written request for specific documents
from the opposing party. The rules do not provide a maximum number of
requests.
50
Request for physical or mental examination
Request made by one party to
another party in the lawsuit to undergo a physical or mental examination. The
examination must involve a condition that is at issue in the pending action
51
Request for Admission
Request made by a party to another party in the lawsuit
to admit to the truthfulness of a fact of genuineness of a piece of evidence
52
subpoenas
A legal document used by a party to obtain information or
documents from a non-party to the lawsuit that are relevant to the case. (ie.
Banks, employers, schools, etc.)
53
LITIGATION
HOLD
is an order issued by an attorney
to a client, instructing that client’s employees and
associates to stop the routine handling of all
electronically stored information, especially the
deletion of ESI. The goal is to preserve and
protect potential evidence.
54
SPOLIATION LETTER
A letter sent by an attorney to all opposing parties in a lawsuit
that places them on notice that they should preserve all
electronically stored information related to the pending case. It
can be sent by letter or email and should be sent as soon as
possible following your firm being retained.
55
Motions to Compel &
Protective Orders
When a dispute exist as to whether a party must
produce evidence or answer questions sought in
the discovery process that cannot be resolved
between the parties, the party requesting the
discovery may file a motion to compel discovery
with the court for a formal ruling. Conversely, the
party from whom the discovery is sought may file
a motion for a protective order with the court.
The parties must comply with the court’s
decision.
56
Limits on Discovery
Attorney – client privilege
Work Product privilege
Common Interest privilege
Medical privilege
Fifth Amendment Privilege
Confessor-penitent privilege (Clergy privilege)
57
Common Interest privilege
Privilege that protects any communication that takes place
between attorneys for different clients when those clients share a common interest. (This
privilege preserves the attorney-client and work product privilege when information is
exchanged between the attorneys)
58
Fifth Amendment Privilege
Privilege that protects a party from self incrimination. This is
generally not available in civil cases, unless the civil suit sought seeks to protect the public
59
Confessor-penitent privilege (Clergy privilege)
Privilege that protects the confidentiality of
any communication between a party and a member of the clergy. The privilege belongs to the
clergy rather than the confessor, but does protect the confessor who has taken a religious oath
not to reveal the content of the counseling sessions.
60
Pre-Trial Conference
A conference that is designed to make the process of conducting a lawsuit as efficient, simple,
economical, and fair as possible. It may involve a simplification of the pleadings, a limitation on
the witnesses to be called at trial, a narrowing of the issues to be considered at trial, a
simplification of the discovery process and resolution of discovery disputes. It’s an opportunity
for a judge to meet with the parties to get an idea of where the case stands and to give the
attorneys some sense of where the court may fall on certain issues in an effort to encourage
resolution of some or all of the disputed issues. The court may direct the parties to file a written
statement addressing the matters listed in section (b) of Rule 2-504.2.
61
Pretrial Order
Per the rules, the court shall enter an order that recites in detail the decisions
made at the conference.
62
Motion to Compel
If a party fails to respond to discovery requests, the
propounding party has the option to file a motion to compel and/or for sanctions
against that party.
63
Motion for Sanctions
if a party fails to respond to discovery requests and an
Order to compel, the party seeking the discovery may and should file a motion for
sanctions. This motion is asking the court to punish the opposing party for not
responding and obeying a court order to do so.
64
Interrogatories
Format:
Caption
Heading
To and From Section
Definitions and instructions
30 Questions (Avoid unrelated compounded questions). Ex. Interrogatory No.: 1
Oath
Signed by the responding party and Attorney
Certificate of Service
Notice of Discovery Filing must be filed with the court
Responses:
Must include the exact format with changes to required areas. The caption will
remain the same and answers will appear as Answer No.1
65
OBJECTIONS
Inadmissible and Irrelevant Evidence
Overbroad
vague and unintelligible Interrogatories
Confidentiality Agreements and Protective Orders
66
Protections for Documents
Attorney-Client Privilege
Work Product Privilege
Unduly Burdensome
Overbroad and Duplicative Requests – Request is so wide ranging and inclusive that it asks for more
evidence than could ever be useful to the other party in the lawsuit.
Inadmissible and Irrelevant Evidence
Confidentiality Agreements and Protective Orders
Format Objections to Document Requests
67
inadvertent Production of documents
privileged documents that were sent in error. If a party in
possession of these privileged documents refuses to return them, your firm may have to file a motion
compelling their return. A court may refuse to grant the motion if the release was the result of your
firm’s negligence so be mindful and careful in responding to discovery.
68
Physical or Mental
Examination
This method of discovery requires a party to a lawsuit to undergo a physical or mental examination
concerning a physical or mental condition that is at issue in a pending legal action. Examples of cases
that could include this method of discovery: Personal injury cases and custody case
69
Compulsory Examination
An examination that a party to a lawsuit has been ordered by the court to
undergo concerning a physical or mental condition. This type of examination requires a motion that
sets forth good cause.
70
Requests for Admissions
petition filed by one party in the case against the opposing party asking them to admit to the
truthfulness of some fact. The request may also ask the party to authenticate the genuineness of a
document. It may only be served on parties to the case.
71
deposition
is an out-of-court question and
answer session under oath, conducted as part of
the discovery process before the trial occurs.
Parties and non-party witnesses can be subject to
this method of discovery.
72
How is a deposition conducted?
is conducted in person or electronically. When its in
person, it is most often conducted at the office of the deposition
sponsor. The deposition sponsor is the attorney who sets up and
conducts a deposition. The attorney representing the party or
witness being deposed is called the deposition defender. The
parties to the case, representing attorneys and a court reporter or
certified shorthand reporter are present. A transcript is a typed, electronic or word-processed copy of
the testimony of a witness produced by a court reporter under
oath.
73
SUBPOENA DUCES TECUM
is a written
order by a court or administrative agency commanding the presence of the witness to
testify and to also produce the evidence that is enumerated in the subpoena. Failure
to obey is also subject to a body attachment and/or fine.
74
Preparation for taking the deposition
An attorney taking a deposition should have questions already prepared. He or she
should also have an idea of the evidence being sought during the deposition. The
attorney should be confident, thorough and prepared to respond to resistance from the
witness as well as objections from opposing counsel. Control the room and flow of the
deposition. Remember, if your client is present, he or she is not permitted to speak.
They may convey messages to you by writing it on a pre-provided note pad.
Paralegals may be present for the purpose of notetaking and communicating messages
as need to the deposing attorney.
75
WHAT IS A MOTION?
is a legal written request filed by a
party asking the court to consider and resolve a
problem or question related to some part of the
litigation process. The motion raises the question
or problem, provides facts and opinions to
support the outcome requested by the movant.
2
76
THE MOVANT
IS THE
PARTY IN THE
LAWSUIT WHO FILES
THE MOTION.
77
MEMORANDUMS OF POINTS
AND AUTHORITIES
A legal argument in written form that sets for the facts, issues
that are the subject of the motion, analysis of the law that
applies to the case and your conclusion concerning the desired
outcome in application of the cited law. These citations are
usually provided in the motion, and the memorandum
accompanies the motion for filing.
78
THE MARYLAND
RULES OF CIVIL
PROCEDURE
The Maryland Rules of Civil Procedure
govern when, how and for what
motions can be filed. It also governs
when responses are due. Rule 2-311
79
MARYLAND RULE 2-322
PRELIMINARY MOTIONS
Mandatory – The following defenses to an action shall be made by motion to
dismiss filed before the answer, if an answer is required: (1) lack of jurisdiction
over the person, (2) improper venue, (3) insufficiency of process, and
(4)insufficiency of service of process. If not made and the answer is filed, these
defenses are waived.
Permissive – The following defenses may be made by motion to dismiss filed
before the answer, if an answer is required: (1) lack of jurisdiction over the
subject matter, (2) failure to state a claim upon which relief can be granted, (3)
failure to join a party under Rule 2-211, (4) discharge in bankruptcy, and( 5)
governmental immunity. If not made, these defenses and objections may be
made in the answer, or in any other appropriate manner after the answer is filed
80
MOTION FOR DEFAULT
This motion is used when a party fails
to answer a pleading.
81
MOTION FOR
NEW TRIAL
This motion is used after a trial to request that the judge set aside the judgment
and grant a new trial to the parties. This motion must be filed within 10 days
following the entry of a judgment on the record and the opposing party
generally has 15 days to respond.
82
MOTION TO
SHORTEN OR EXTEND TIME
This type of motion is used to request an extension or shortening of time
to file responses to pleadings, including counter and cross-claims as well
as discovery and motions.
83
MOTION FOR
SUMMARY JUDGMENT
This type of motion is asking the court to issue a court to rule in your favor by
summary judgment. This can be done before, during, or after the trial. It can
also be on one, more or all claims. If the motion is granted, a decision is made
on the claims set forth in the motion without holding a trial. The motion must
show the following:
1. There is no genuine dispute as to any material facts.
2. That the opposing party loses on that claim even if all its allegations are
accepted as true.
3. That the moving party is entitled to judgment as a matter of law.
84
MOTION TO STRIKE APPEARANCE
This motion is used when you want to get out of a case as
attorney of record. This is very important because the
court will treat you as representing counsel until you are
removed. As long as you are attorney of record, you will
receive court notices, you will be ethically responsible for
your client and required to appear in court proceedings
85
MOTION FOR
POSTPONEMENT
This motion is used when one party desires a
proceeding to be postponed and rescheduled for a
later date.
86
MOTION FOR CONTINUANCE
This type of motion is done on the record during
the scheduled proceeding. It can be requested for
additional time to call witnesses if not opposed by
the other side and other possible reasons
87
MOTION FOR SANCTIONS
This motion is used in the discovery process to punish one party for failing to comply with the lawful
requests of another party
88
Motion to compel
This motion is used in the discovery process to force one party to comply with the lawful requests of
another party.
89
MOTION FOR
INJUNCTIVE RELIEF
This motion is used when you want to stop
an opposing party from doing something.
It can be permanent or for a specific time.
90
MOTION TO VACATE
JUDGEMENT
This type of motion is used to vacate a judgment
for just reasons such as circumstances outside of the
parties’ control, evidence that didn’t exist at the
time of trial, or other errors.
91
HEARINGS ON THE MOTION
Parties are always entitled to a hearing if they request it. However,
sometimes the Court may elect to rule on a motion without a hearing if
one is not requested.
92
ORDER
This is the courts written decision following a court proceeding
or review of a motion.
93
Settlement
an agreement or a contract between parties
that resolves their civil dispute
94
Factors involved in reaching a
settlement
1. Time.
2. Money.
3. Desires of your client.
4. Strength of your case.
5. The particular court’s decisions in similar cases.
95
Settlement Offers
1. Written settlement proposal.
2. Proposed Settlement Agreement.
3. Proposed consent order.
4. Sometimes offers are made by phone or in an
email.
96
What are Damages?
Damages is money ordered by the court to be
paid to the injured party by the party who
caused the injury. Damages can include
compensatory and punitive damages.
97
Settlement proposals should always
include the heading
FOR SETTLEMENT
PURPOSES ONLY – WITHOUT PREJUDICE”
This is done so that the opposing party
doesn’t try to use this as evidence or an
admission.
98
settlement conference
is a meeting of the parties to
discuss the case. It may be formal as part of a pretrial
conference under Maryland Rule, requiring the
attorneys to meet with the judge to discuss the posture
of the case.
99
Dismissals
-Dismissal with prejudice
-Dismissal without prejudice
-Stipulated dismissal
-Voluntary Dismissal on Notice
-Court Ordered Involuntary Dismissal
100
Dismissal with prejudice
A Court Order of judgement that ends
a lawsuit. No further lawsuit may be brought by the same
persons on the same subject.
101
Dismissal without prejudice
A Court Order or judgement that
ends a lawsuit. A further lawsuit may be brought by the same persons on the same subject
102
Stipulated dismissal
Parties to a lawsuit may stipulate to a
dismissal at any time and on any terms before a decision has been rendered in a case. The dismissal can be with or without prejudice.
103
Voluntary Dismissal on Notice
A plaintiff may voluntarily
dismiss a claim without a court order by filing a motion of
dismissal at any time before service by the adverse party of an
answer or of a motion for summary judgement, whichever
comes first.
104
Court Ordered Involuntary Dismissal
The Court has the authority
to dismiss an action if a party has failed to proceed with an action or if the party has failed to comply with a court order. If
its for a failure to comply with a court order, the dismissal is
without prejudice.
105
Alternative Dispute Resolution
1. Mediation – consists of the parties and a trained 3rd party. It must be
voluntary.
2. Arbitration – an adversarial hearing before a trained arbitrator who listens to
each side and makes a decision. It can be binding of non-binding.
3. Negotiation – between the parties or the parties and their attorneys.
106
Preliminary Trial
Preparation
-Theory of the case .
- Pretrial conference
-Motion in Limine
- Trial Notebook
- Curriculum Vitae
- On Point
-Jury instructions
107
Theory of the case
The plan for where you are going with the case, and how you shape the
law and facts to achieve your desired outcome
108
Pretrial conference
Meeting between the presiding judge and attorneys to facilitate the
preparation for and management of the trial.
109
Motion in limine
A motion that is filed before or at the beginning of trial to prevent opposing
110
Trial Notebook
A binder that contains, in complete or summary form, everything necessary
to prosecute or defend a case.
111
Curriculum Vitae
A list of an expert’s credentials, including each educational and
professional credential, and a summary of publications and research projects.
112
On point
A law or prior case that directly applies to the facts of the present case.
113
Jury Instructions
Directions given to the jury explaining the law that applies in the case and
spelling out what must be proved and by whom. These instructions are given just before the
jury is sent out to deliberate and return a verdict.
114
Voir Dire Examination
The preliminary in-court
questioning of a prospective expert witness to
determine competency or suitability to testify.
115
Trial Brief
A document prepared by an
attorney to use at trial. It generally
contains lists of witnesses, evidence, and
citations as well as arguments to be
presented at trial.
116
A civil trial consists of six main phases
1. Jury Selection (Not in civil domestic cases or district court cases)
2. Opening statements.
3. Witness testimony and cross-examination.
4. Closing arguments.
5. Jury Instructions.
6. Jury deliberation and verdict.
117
Peremptory challenges
The automatic elimination of a potential juror
by one side before trial without needing to state the reason for the
elimination. Both sides are permitted a certain number of these
challenges.
118
Challenges for Cause
This is made by either side when a potential
juror is deemed unqualifies, unfit, or likely biased to serve on the jury.
There is no limit to the number of challenges for cause.
119
Voir Dire
Attorneys can ask questions to potential jurors to assess
their impartiality and use their peremptory challenges to exclude
jurors who they believe may not be suitable.
120
Opening
Statements
The introductory statements made by
attorneys at the start of the trial. The
attorneys typically summarize their version
of the facts and the applicable law
supporting their case.
121
Witness testimony
1. Direct Examination
2. Cross Examination by the opposing side.
3. Re-Direct Examination
122
Rebuttal Testimony
both parties have a chance to present
rebuttal evidence. This evidence is designed to discredit the other side’s evidence and to reestablish the credibility of the side
presenting the rebuttal. The scope of the rebuttal is limited to the evidence presented during the case-in-chief. No new evidence is
presented during rebuttal. When the plaintiff has completed his/her rebuttal, the defendant has the same chance to call rebuttal
witnesses.
123
Actual deliberations
Following the judge’s instructions, the jury as a group retires to consider the
evidence based on those instructions and attempts to arrive at a unanimous verdict. If the jury is
confused about some point of unsure of the law, they can ask the judge for clarification in
writing. The jury can also see any of the evidence presented at trial.
124
An appeal
is filed by the party who has lost the case or
who is dissatisfied with the outcome of the trial. A
person bringing the appeal is referred to as the
appellant and the person who is opposing the appeal is
referred to as the appellee
125
Appellate Brief
It’s a formal document that consists
of the legal issues, the important facts, the legal arguments, and legal authorities.
126
